| Case ID |
f91d1e93-40af-4ce2-8722-4ed0ebefe424 |
| Body |
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| Case Number |
Criminal Petition No. 176 of 1982 |
| Decision Date |
May 30, 1982 |
| Hearing Date |
|
| Decision |
The petition filed by Muhammad Khalid was dismissed. The court found that the arguments for reducing the conviction from section 307 to section 324 of the Penal Code were untenable. The petitioner had inflicted repeated dagger blows aimed at the neck of the victim, Ghulam Sarwar, indicating an intention to cause serious harm. The court noted that the victim survived due to sheer luck, and had he died, the offense would have been treated as murder under section 302. Thus, the conviction under section 307 was upheld. |
| Summary |
In the case of Muhammad Khalid vs. The State, the Supreme Court of Pakistan addressed serious allegations of attempted murder under the Penal Code. The petitioner, Muhammad Khalid, was convicted for attacking Ghulam Sarwar with a dagger, resulting in significant injuries. The incident was rooted in a provocation stemming from a theft accusation, leading to a confrontation between Khalid and the complainant. The court analyzed the nature of provocation, concluding that the actions of Khalid constituted an attempt to murder rather than simple hurt. The decision emphasized the importance of intent and the circumstances surrounding the act, ultimately dismissing the petitioner's appeal against the conviction. The case highlights critical aspects of criminal law, including the definitions of provocation, intent, and the legal standards for determining the severity of injuries in relation to charges under the Penal Code. It serves as a significant reference point for similar cases involving violent confrontations and the legal interpretations of intent and provocation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
M. S. H. QURESHI
|
| Lawyers |
Kh. Gul Muhammad Butt,
Ejaz Ahmad Khan
|
| Petitioners |
MUHAMMAD KHALID
|
| Respondents |
THE STATE
|
| Citations |
1983 SLD 371,
1983 PLD 32
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
324,
334,
307
|