| Case ID |
d83b060f-d183-4eb8-a5d8-fd54d2f58086 |
| Body |
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| Case Number |
Criminal Appeal No. 136 of 1995 |
| Decision Date |
Oct 21, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the conviction and death sentence of Muhammad Zakaria for the murder of Sabir Ali, a Sub-Inspector of Police. The Court found that the deceased was performing his lawful duty when he attempted to check the appellant, who was armed and previously involved in theft. The Court dismissed the appeal, stating that the facts of the case were distinguishable from Mashal Khan's case, wherein the police had exceeded their authority. The prosecution proved its case beyond a reasonable doubt, and the appellant's abscondence was a clear indicator of guilt. The Court reaffirmed the legal principles regarding the use of force in self-defense, concluding that the appellant's actions were unjustified and constituted a brutal murder. |
| Summary |
In this pivotal case, the Supreme Court of Pakistan examined the principles surrounding self-defense and the lawful duties of police officers. The appellant, Muhammad Zakaria, was convicted for the murder of Sub-Inspector Sabir Ali, who was lawfully executing his duties when he attempted to check the appellant, armed with a double-barrel gun. The Court reviewed the evidence, noting that the deceased's actions were justified given the appellant's criminal history. The Court also distinguished the facts from the precedent set in Mashal Khan's case, affirming that the circumstances did not permit the appellant to claim self-defense. This case underscores the importance of lawful authority and the limitations of self-defense in criminal law, making it a significant ruling in the realm of criminal jurisprudence in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
Police Station Kanganpur,
Police Station Chunian
|
| Judges |
RAJA AFRASIAB KHAN,
SH. IJAZ NISAR,
SH. RIAZ AHMED
|
| Lawyers |
Dr. Khalid Ranjha, Advocate Supreme Court,
M.A. Qureshi, Advocate-on-Record for Appellant,
Ch. Dil Muhammad, Advocate Supreme Court for the State
|
| Petitioners |
MUHAMMAD ZAKARIA
|
| Respondents |
THE STATE
|
| Citations |
1999 SLD 344,
1999 SCMR 944
|
| Other Citations |
Mashal Khan's case 1975 SCMR 80,
Gul Hasan v. The State PLD 1969 SC 89,
Muhammad Bashir v. The State 1970 SCMR 331,
Muhammad Rafiq v. The State PLD 1974 SC 65,
Nazir Ahmad v. The State 1970 SCMR 7,
Abdul Qayyum v. S.W.O., Police Station Shalimar, Lahore 1993 PCr LJ 91
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
353,
185(3),
54
|