| Case ID |
d65abce4-d049-45d6-bf96-bcbf894f644a |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 301 of 1 |
| Decision Date |
Jun 20, 1989 |
| Hearing Date |
|
| Decision |
The case involves a petition for leave to appeal regarding a culpable homicide where the accused, Muhammad Hayat, was sentenced under section 304, Part I of the Penal Code due to a finding of grave and sudden provocation. The complainant argued that the sentence should be enhanced and that Muhammad Hayat was guilty under section 302. However, the court maintained that the circumstances did not warrant an increase in the sentence, considering the context of the provocation. The court dismissed the petition, affirming the conviction and sentence as appropriate under the circumstances. |
| Summary |
This case revolves around a criminal petition for leave to appeal concerning culpable homicide. The Supreme Court of Pakistan, in its decision dated June 20, 1989, addressed the appeal against the conviction of Muhammad Hayat, who was sentenced to seven years under section 304, Part I of the Penal Code. The appeal was based on claims of grave provocation following the molestation of the accused's sister by the deceased, which led to a tragic confrontation. The Court found the original sentencing to be justified, emphasizing the nuances of provocation in criminal law. The case highlights significant legal principles regarding culpable homicide and the interpretation of provocation under the Penal Code. This ruling serves as a precedent and is critical for understanding legal interpretations of homicide cases in Pakistan. Keywords related to this case include culpable homicide, provocation, Supreme Court of Pakistan, legal principles, and criminal law. The case exemplifies the complexities faced in legal proceedings concerning violent crimes and the judicial approach to sentencing in light of personal circumstances. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
GHULAM MUJADDID,
USMAN ALI SHAH
|
| Lawyers |
Dr. Khalid Ranjha, Advocate Supreme Court,
Mehmood A. Qureshi, Advocate-on-Record,
Mian Khurshid Alam Ramey, Advocate Supreme Court,
Rao Muhammad Yousaf Khan, Advocate-on-Record
|
| Petitioners |
GHULAM HAIDER KHAN
|
| Respondents |
3 others,
MUHAMMAD HAYAT
|
| Citations |
1990 SLD 565 = 1990 SCMR 339
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
300,
304, Part I,
302,
185(3)
|