| Case ID |
dfe3e51d-a3b6-4699-b32d-3d0877698663 |
| Body |
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| Case Number |
Jail Petition No. 60-R of 1985 |
| Decision Date |
Aug 20, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused leave to appeal in the case of Allah Ditta, who had been convicted by the Additional Sessions Judge for murder under sections 302 and 449 of the Pakistan Penal Code. The petitioner admitted to causing fatal injuries but claimed self-defense, which was not supported by evidence. Both the trial court and the High Court found sufficient grounds to reject the defense, concluding that the prosecution's evidence was credible, and the circumstances did not favor the petitioner's claims. Consequently, the petition was deemed without merit, leading to the refusal of leave to appeal. |
| Summary |
This case revolves around a violent incident that occurred on November 21, 1979, when Allah Ditta fatally attacked Asghar Ali with a Chhuri in his home. The prosecution established that Ditta, who had previously worked for the deceased, sought unpaid wages and subsequently engaged in a deadly conflict. The court's decision hinged on the credibility of witnesses and the absence of evidence supporting Ditta's self-defense claim. The Supreme Court upheld the lower courts' rulings, emphasizing the importance of reliable testimony and the evidentiary burden on the accused. Keywords: Supreme Court, Pakistan Penal Code, self-defense, murder conviction, eyewitness testimony, judicial review. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAAD SAOOD JAN,
JAVID IQBAL
|
| Lawyers |
Not available
|
| Petitioners |
ALLAH DITTA
|
| Respondents |
THE STATE
|
| Citations |
1990 SLD 694,
1990 SCMR 566
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
449,
185(3)
|