| Case ID |
ea823337-0cbe-4cce-82c7-093a0d858ca3 |
| Body |
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| Case Number |
Criminal Appeal No. 528 of 1950 |
| Decision Date |
Mar 28, 1951 |
| Hearing Date |
|
| Decision |
The appeal by Ata Muhammad against his conviction under section 304, Part I of the Pakistan Penal Code was partly accepted. The Lahore High Court found that while the appellant had committed an act that resulted in the death of Lashkar Khan, the circumstances surrounding the attempted arrest by private individuals were such that the arrest was unlawful. The court concluded that the appellant had a right to defend himself against wrongful confinement, but his response, which involved the use of a firearm, was excessive and not justified under the law. The sentence was reduced from transportation for life to five years' rigorous imprisonment, acknowledging the need for justice while also considering the context of the incident. |
| Summary |
In the case of Ata Muhammad vs. Crown, the Lahore High Court examined the legality of a private arrest and the subsequent use of fatal force by the appellant. The key legal principles revolved around the rights of private defense against unlawful confinement, the implications of the Arms Act regarding unlicensed firearms, and the conditions under which private individuals may make arrests. The court ruled that while the appellant had a right to defend himself, the manner in which he did so—by firing a weapon—was excessive and not warranted by the circumstances. The decision highlighted important aspects of criminal law, particularly regarding self-defense and the limits of force. This case serves as a significant reference point for future cases involving private defense, unlawful arrest, and the use of firearms in self-defense situations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD, JAN,
SHABIR AHMAD
|
| Lawyers |
Abdus Sattar Farooqi,
S. A. Mahmud
|
| Petitioners |
ATA MUHAMMAD
|
| Respondents |
CROWN
|
| Citations |
1951 SLD 51,
1951 PLD 279
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860,
Arms Act, 1878
|
| Sections |
59(1),
100,
101,
103,
12,
19
|