| Case ID |
43e1c80a-b320-4787-b16f-79e1f0233631 |
| Body |
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| Case Number |
Criminal Appeal No. 74 of 1981 |
| Decision Date |
Jun 04, 1983 |
| Hearing Date |
|
| Decision |
The Lahore High Court altered the conviction of Muhammad Ramzan from Section 302 to Section 304, Part I of the Penal Code, taking into account the circumstances of a sudden fight where both parties were armed and injuries were inflicted without premeditation. The court recognized that although Muhammad Ramzan inflicted a fatal injury, the context of the incident indicated a lack of undue advantage or cruelty. The appellant had already served a significant period in custody and was sentenced to time already undergone, along with a fine. The court acquitted him of two counts under Section 323 due to lack of evidence attributing those injuries directly to him. |
| Summary |
This case involves the appeal of Muhammad Ramzan, who was initially convicted of murder under Section 302 of the Penal Code for the death of Abdul Haq. The incident occurred during a quarrel between two families, leading to a sudden fight where both sides were armed with blunt weapons. The Lahore High Court reviewed the facts, including the nature of the injuries and the context of the altercation, ultimately deciding that the act was not premeditated. The court highlighted that the provocation and the sequence of events were crucial in determining the nature of the offense. As a result, the conviction was altered to Section 304, Part I, which carries a lesser penalty than murder. The judgment reflects a nuanced understanding of self-defense and the implications of provocation in criminal law. The decision emphasizes the importance of context in assessing culpability, especially in cases involving violent confrontations. The case illustrates key legal principles concerning provocation, self-defense, and the appropriate application of legal statutes in the face of conflicting evidence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAZHARUL HAQ, J
|
| Lawyers |
Hafiz Muhammad Tariq,
Anwar Bhora
|
| Petitioners |
MUHAMMAD RAMZAN
|
| Respondents |
THE STATE
|
| Citations |
1983 SLD 576,
1983 PLD 510
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
304,
300,
302
|