| Case ID |
ea121527-feee-443c-8cd5-845a5ade1924 |
| Body |
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| Case Number |
Appeal No. 403 of 1952 |
| Decision Date |
Jun 05, 1953 |
| Hearing Date |
|
| Decision |
The appellant, Muhammad Nawaz, was convicted under section 304 Part I of the Pakistan Penal Code and sentenced to seven years' rigorous imprisonment for the murder of Abdur Rahman. Upon appeal, the court found that the act involved premeditation and did not fall under the exceptions to culpable homicide provided in the law. The court altered the conviction from section 304 Part I to section 302, thereby enhancing the sentence to transportation for life. The decision emphasized the importance of the circumstances surrounding the crime, including the nature of the attack and the absence of mutual combat, which led to the conclusion that the appellant acted with intent to kill. |
| Summary |
This case revolves around the conviction of Muhammad Nawaz for the murder of Abdur Rahman under section 302 of the Pakistan Penal Code. The incident occurred on November 1, 1951, when the appellant, after a quarrel over a personal dispute, returned with a spear and fatally attacked the deceased. The court highlighted the absence of a fight and the premeditated nature of the attack, which disqualified the appellant from claiming self-defense or other mitigating circumstances. The case underscores the application of Exception 4 to section 300 of the Pakistan Penal Code and the criteria for distinguishing between murder and culpable homicide. The ruling serves as a precedent in understanding the nuances of intent and premeditation in violent crime cases, emphasizing the legal definitions and consequences of such actions. The decision also reflects the complexities of interpersonal disputes and their escalation to violence, which is a critical area of concern in criminal law. It raises important questions about the legal responsibilities individuals hold in managing conflicts and the societal implications of violent actions. The case is significant for its interpretation of legal standards surrounding homicide and the judicial process in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR, C.J.,
MUHAMMAD JAN, J
|
| Lawyers |
Abdul Haleem,
S. A. Mahmood
|
| Petitioners |
MUHAMMAD NAWAZ
|
| Respondents |
THE CROWN
|
| Citations |
1953 SLD 11,
1953 PLD 522
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
300
|