Pakistan Case Law
1996 SCMR 1665

RAMZAN vs THE STATE

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Citation1996 SCMR 1665
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,34-L of 1994 Appeal No, 279 of 1991
Date1994-05-04
Judge(s)Manzoor Hussain Sial, Fazal Karim and Muhammad Munir Khan
Authored byMuhammad Munir Khan
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against a judgment of the High Court, which had convicted the petitioner, Ramzan, under Section 302 of the Pakistan Penal Code 1860. The core legal question before the Supreme Court is whether the High Court correctly characterized the incident as a 'free fight' and whether the subsequent conviction under Section 302 was legally sound based on that characterization. The Supreme Court granted leave to appeal to specifically examine the validity of the reasoning employed by the High Court in reaching its conclusion regarding the nature of the occurrence and the resulting conviction. By granting leave, the Court intends to scrutinize the evidentiary basis and the legal interpretation applied by the High Court to determine if the finding of a 'free fight' was justified under the circumstances of the case, thereby necessitating a review of the conviction itself.

Questions settled in this judgment
  • Can a conviction under Section 302 of the Pakistan Penal Code 1860 be sustained if the incident is characterized as a free fight?
  • What are the legal criteria for determining if an incident constitutes a free fight in criminal law?
Laws & provisions referred
  • Section 302, Pakistan Penal Code 1860
leave to appealfree fightconvictioncriminal appealappellate review

ORDER

1. MUHAMMAD MUNIR KHAN, J.---Leave to appeal is granted to examine the correctness of the reasons given by the High Court for holding "that it is a case of free fight" and convicting Ramzan petitioner under section 302, P. P.0 . "

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