Legal Case Summary

Case Details
Case ID 7f8474c9-4b76-41b3-baef-03e0f448f179
Body View case body.
Case Number Criminal Petition No. 226 of 1977
Decision Date Feb 21, 1978
Hearing Date
Decision The Supreme Court dismissed the petition for leave to appeal against the Lahore High Court's order suspending the sentences of life imprisonment awarded to the respondents. The court upheld the High Court's reasoning that the plea of self-defense required further examination due to the numerous injuries sustained by the accused, which were not adequately explained by the prosecution. The petitioner argued that evidence suggested the accused were the aggressors, but the Supreme Court found no improper exercise of discretion by the High Court in the facts of the case.
Summary The case revolves around a criminal petition concerning the suspension of sentences for life imprisonment. The Lahore High Court had suspended the sentences on the basis of a plea of self-defense, necessitating further examination due to the injuries sustained by the accused. The Supreme Court, upon review, supported the High Court's decision, indicating that the evidence presented did not conclusively negate the self-defense claim. This case highlights the complexities of self-defense in criminal law and the judicial discretion exercised by the courts in evaluating such defenses. The decision illustrates the critical balance between the rights of the accused and the pursuit of justice, especially in cases involving serious charges like murder. The case serves as a significant reference point for future legal arguments regarding self-defense and the evidentiary burdens placed on the prosecution in criminal proceedings.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges ANWARUL HAQ, C.J., MUHAMMAD HALEEM, G. SAFDAR SHAH, JJ
Lawyers S. A. Saeed, C. M. Aslam, Sh. Nasim Hassan, S. Wajid Hussain, Iftikhar, Sh. Ijaz Ali
Petitioners FAQIR MOHAMMAD
Respondents AKBAR ETC.
Citations 1979 SLD 539, 1979 SCMR 270
Other Citations Not available
Laws Involved Criminal Procedure Code (V of 1898)
Sections 426