Case Details

Citation(s)
1981 SLG 256 1981 SLD 256 1981 SCMR 329
Supreme Court of Pakistan
Criminal Appeal No. 74 of 1972, decision dated: 1st November, 1980. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 14-4-1971 in Criminal Appeal No. 530 of 1967)
MUHAMMAD HALEEM, ACTG. C.J., ASLAM RIAZ HUSSAIN AND ABDUL KADIR SHAIKH, JJ
Nemo for Appellant. Muhammad Bashir, Advocate for the State. Khadim Mohy-ud-Din, Advocate and Ch. Akhtar Ali, Advocate-on-Record for
Respondent No. 2.

LAL DIN

VS

The STATE AND another

Law:

Section:

(a) Penal Code (XLV of 1860)--- S. 300, .Exception II-Private defence-Injuries suffered by accused not being result of attack by other party, other party presumably unarmed-Accused in circumstances, held, could not be said to have acted in good faith or without intending causing more harm than necessary for purpose of his defence so as to bring his case within Exception 11 to S. 300, Penal Code, 1860.- (Private defence, right of) (b) Penal Code (XLV of 1860)- S. 300, Exception IV Murder in sudden fight in heat of passion ­Opposite-party being unarmed, accused's action in giving blow with a lethal weapon, held, cruel, amounted to commission of offence of murder and not covered by Exception Iv to S. 300, Penal Code, 1860. Abdul Majid v. The Crown P L D 1954 F C 304 ref. (c) Penal Code (XLV of 1860)- -- Ss. 299, 300 & 301.-Culpable homicide-Murder-Culpable homicide, held, may not amount to murder where notwithstanding mental state being sufficient to constitute murder one of exceptions to S. 300, applicable, or where mental state, though within description of S. 299, not of special degree of criminality required by S. 300.-[Culpable homicide]. (d) Penal Code (XLV of 1860)- ---- S. 304-[Murder-case]-Sentence-Acquitted accused directed by Supreme Court to be taken into custody pending disposal of appeal filed before such Court-Supreme Court allowing appeal, setting aside High Court's order to such extent and restoring that of trial Court-Period spent by accused while in such custody during pendency of appeal directed to be taken into consideration in computing sentence awarded by trial Court.-(Sentence]. Ali Sher v. The State Criminal Appeal No. 89 of 1975 ref. JUDGMENT MUHAMMAD HALEEM, ACTG. C. J.-This appeal, by special leave, arises from the judgment of the Lahore High Court, Lahore, dated 14th April, 1971, by which Criminal Appeal No. 530 of 1967 was partly allowed. Leave to appeal was granted to consider the question whether the High Court was correct in altering the conviction of Muhammad Ramzan, the second respondent herein, from section 304, Part I, P. P. C. to section 304, Part II, P. P. C. and substituting a sentence of 5 years in lieu of…
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