| Case ID |
dfd9919a-0280-4d82-bcfe-6a61a16368e9 |
| Body |
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| Case Number |
Criminal Petition No. K-28 of 1979 |
| Decision Date |
May 01, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the decision of the High Court that the incident was a result of a sudden fight without premeditation. The court ruled that Muhammad Farooq acted in the heat of passion when he fatally stabbed Abdul Razzaq, and Muhammad Siddiq was not found to share a common intention to commit murder. Consequently, the court altered the convictions and sentences, reflecting the principle that each participant in a sudden fight is only liable for their own actions, thus extending the benefit of Exception D' to Section 300 of the Penal Code to the accused. |
| Summary |
In the case of Criminal Petition No. K-28 of 1979, the Supreme Court of Pakistan deliberated on a murder incident stemming from a trivial neighborhood dispute. The altercation escalated when Muhammad Farooq fatally stabbed Abdul Razzaq, leading to legal proceedings under the Penal Code. The court analyzed the circumstances of the incident, emphasizing the absence of premeditation and the spontaneous nature of the fight. The judgment highlighted the application of Exception IV to Section 300 of the Penal Code, which pertains to acts committed in the heat of passion during a sudden fight. The court ultimately differentiated the culpability of the accused, affirming that each individual is responsible only for their actions in such scenarios. This case underscores the legal principles surrounding self-defense, the concept of common intention, and the differentiation of liability in sudden altercations, making it significant in criminal law jurisprudence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Dorab Patel, Actg. C.J.,
Muhammad Haleem,
Nasim Hasan Shah,
Abdul Kadir Sheikh
|
| Lawyers |
Noor Ahmad Noori, Advocate-on-Record for Petitioner.,
Abdus Sattar, Advocate-General (Sind),
S. M. Abbas, Advocate-on-Record for the State.
|
| Petitioners |
Allaudin
|
| Respondents |
Muhammad Siddiq,
Muhammad Farooq
|
| Citations |
1981 SLD 370,
1981 SCMR 642
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
302,
34,
300
|