| Case ID |
f4c97bdd-5e13-4f0b-b851-434e26204711 |
| Body |
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| Case Number |
Jail Petition No. 180 of 1999 |
| Decision Date |
Sep 10, 2001 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in this case, allowing the petitioner, Muhammad Arshad, to challenge the earlier judgement of the Lahore High Court which had dismissed his criminal appeal and confirmed the death sentence awarded by the Additional Sessions Judge. The court found merit in the contentions raised regarding the right of self-defense and the procedural errors made by the lower courts in not specifying the relevant subsection of section 302 of the Penal Code. The decision emphasized the importance of considering exculpatory evidence in confessional statements and the proper evaluation of self-defense claims in murder cases. |
| Summary |
In the case of Muhammad Arshad vs. The State, the Supreme Court of Pakistan addressed significant legal issues surrounding self-defense claims in murder cases. The petitioner, Muhammad Arshad, sought leave to appeal against the Lahore High Court's decision that had confirmed his death sentence. The appeal raised critical points, including the failure of the lower courts to adequately consider the plea of self-defense and the lack of specification regarding the subsection of the law under which the conviction was made. The ruling highlighted the necessity for courts to adhere to procedural requirements and to thoroughly assess all evidence presented, particularly confessions and defenses raised by the accused. The court cited several precedents to reinforce its stance, focusing on the necessity of fair trial principles and the proper application of the law in criminal proceedings. This case serves as a pivotal reference for future cases involving self-defense and procedural integrity in the criminal justice system, ensuring that the rights of the accused are safeguarded while maintaining the rule of law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD ARIF,
HAMID ALI MIRZA
|
| Lawyers |
Muhammad Zaman Bhatti
|
| Petitioners |
MUHAMMAD ARSHAD
|
| Respondents |
THE STATE
|
| Citations |
2002 SLD 1308,
2002 SCMR 1073
|
| Other Citations |
Muddassar alias Jimmi v. The State 1996 SCMR 3,
Sultan Khan v. Sher Khan and others PLD 1991 SC 520,
Javaid v. The State PLD 1994 SC 679,
Muhammad Nazir v. Tariq and another 1992 SCMR 983
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
302,
185(3)
|