| Case ID |
7f8474c9-4b76-41b3-baef-03e0f448f179 |
| Body |
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| 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
|