| Case ID |
43f5e0da-5f40-4fdd-bcaf-09ce7c4fbc3c |
| Body |
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| Case Number |
Criminal Petition No. 146-L of 1993 |
| Decision Date |
May 02, 1994 |
| Hearing Date |
May 02, 1994 |
| Decision |
The Supreme Court of Pakistan refused leave to appeal against the judgment of the High Court which had altered the conviction from section 302 to section 304, Part II of the Penal Code. The life imprisonment was converted to ten years' rigorous imprisonment, and the sentences of fine and compensation were maintained. The court found no illegality or infirmity in the High Court's decision, concluding that the petitioner acted in a sudden flare-up without premeditation, leading to a non-vital injury that resulted in death. The decision emphasized the absence of enmity, illustrating that the actions were reactive rather than intentional, thus justifying the sentence awarded. |
| Summary |
This case revolves around the conviction of Muhammad Siddique, who was involved in a fatal altercation stemming from a matrimonial dispute. The Supreme Court of Pakistan evaluated the circumstances leading to the incident, highlighting the lack of intent to kill and the absence of premeditation in the actions of the accused. The court affirmed the High Court's decision to alter the original conviction, maintaining that the petitioner acted out of a sudden emotional response rather than a calculated plan to harm. This ruling underscores the nuances of legal interpretations concerning intent and the nature of provocation in criminal law. Key aspects of this case include the evaluation of the evidence presented, the assessment of the severity of the injury inflicted, and the legal implications of the sections of the Penal Code cited. The case serves as a significant precedent regarding the application of sections 304 and 324 of the Penal Code in similar contexts, illustrating the judicial approach to mitigating circumstances in criminal proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADEER CHAUDHRY,
SALEEM AKHTAR
|
| Lawyers |
Tanvir Ahmed, Advocate-on-Record
|
| Petitioners |
MUHAMMAD SIDDIQUE
|
| Respondents |
THE STATE
|
| Citations |
1996 SLD 1234 = 1996 SCMR 926
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
304, Part II,
324,
Art. 185(3)
|