Law:

Section:

Penal Code (XLV of 1860), Ss. 302 & 99-Murder-Private defence, plea of-Deceased, provoked by abusive language used by accused, giving him a blow or two with bamboo stick-Accused in retaliation picking up a zinc pipe and delivering with it a fatal blow on heat! of deceased--Accused, held, exceeded his right of private defence. D. M. Awan, Advocate Supreme Court instructed by Maqbool Ahmad Rana, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing : 28th June 1972. JUDGMENT SALAHUDDIN AHMED, J.-The petitioner had originally bee convicted under section 302 of the Pakistan Penal Code and sentenced to transportation for life. On appeal before the High Court, however, the conviction was altered to one under section 304, Part II, P. P. C. and the sentence was reduced to seven years' rigorous imprisonment. The prosecution case is that when Fazal Muhammad deceased accompanied by his brother P. W. Umar Din was proceeding to bring fodder and had reached the dera of the petitioner, the latter asked the deceased as to why he had cut a bamboo stick from his dera. The deceased denied this and the petitioner abused him. The deceased returned the abuse. The petitioner then went inside his dera and brought a zinc pipe with which he gave a blow on the head of Fazal Muhammad deceased with the result that the deceased fell down and died at the spot. The medical evidence discloses that the frontal bone of the skull had been fractured entirely under the injury, which measured 3½ " x 1/4" x 1/4" on the top of the head. The accused pleaded not guilty to the charge and took up the plea of self-defence. He stated that the deceased had twice struck him with a bamboo stick upon which he picked up a zinc pipe lying nearby…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492