| Case ID |
4441ceed-4690-4d4a-bb61-437e6765adaa |
| Body |
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| Case Number |
Criminal Appeal No.32 of 2010 |
| Decision Date |
Apr 07, 2014 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan evaluated the conviction of Azmat Ullah under section 302(b) of the Penal Code, which was initially set at 25 years of rigorous imprisonment. After reviewing the circumstances of the case, including the nature of the incident as a sudden quarrel without premeditation, the court converted the conviction to section 302(c), resulting in a reduced sentence of 10 years. The court also deemed the fine of Rs. 100,000 unwarranted and instead directed a compensation of Rs. 50,000 to the heirs of the deceased, reflecting a more just outcome based on the specifics of the case. |
| Summary |
The case revolves around the conviction of Azmat Ullah for the murder of his brother during a sudden quarrel. The Supreme Court of Pakistan, after thorough consideration of evidence and circumstances, determined that the initial conviction under section 302(b) of the Penal Code was inappropriate due to the lack of premeditation and the nature of the incident. The court emphasized the importance of understanding the context of sudden fights in terms of legal liability for murder. This case highlights the nuances of criminal law, particularly in cases of Qatl-e-amd, where emotional factors play a critical role. The decision sets a precedent for similar cases, stressing the need for careful evaluation of intent and circumstances surrounding violent acts. Keywords: criminal law, sudden quarrel, murder conviction, Pakistan Supreme Court, legal precedent, Qatl-e-amd. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Asif Saeed Khan Khosa,
Gulzar Ahmed
|
| Lawyers |
Muhammad Zaman Bhatti,
Ahmed Raza Gillani
|
| Petitioners |
Azmat Ullah
|
| Respondents |
The STATE
|
| Citations |
2014 SLD 1438,
2014 SCMR 1178
|
| Other Citations |
Ali Muhammad v. Ali Muhammad and another PLD 1996 SC 274
|
| Laws Involved |
Penal Code (XLV of 1860),
Code of Criminal Procedure (Cr.P.C.)
|
| Sections |
302(b),
302(c),
300,
544-A,
382-B
|