Law: Penal Code (XLV of 1860)

Section: 97,100,302(c)

(a) Penal Code (XLV of 1860)--- ----Ss. 97, 100 & 302(c)--- Qatl-i-amd--- Reappraisal of evidence---Benefit of doubt---Right of private defence of the body and property extending to causing death of trespasser---Scope---Site plan did not show that the house of the complainant was at a short distance from the crime scene, therefore, complainant's (widow of the deceased's) claim that she heard the noise of commotion and was attracted to the spot, was absolutely unfounded and it was for such reason that the matter was reported to the police with a considerable delay---Other two alleged witnesses who were attracted to the crime scene were permanent residents of another city, therefore, for all legal intents and purposes they were chance witnesses and unless they justified their presence at the crime spot, by giving cogent reasons, their testimony could not be readily accepted---Complainant and prosecution witnesses had admitted that the deceased was maintaining illicit relations with a woman living in the house of accused party, therefore, deceased's act of trespassing into their house was certainly not for any good reason but for illicit purposes---Law gave right to the occupant of any property to expel any intruder/trespasser and if the trespasser had made a trespass for illicit matters, the right of self-defence of property and person was further fortified even to the extent of causing death of trespasser if he did not retreat after having been told or warned to retreat---No corroboratory evidence of any legal worth was available on record to give the story set up in the FIR any credence and strength---Benefit of doubt was extended to the accused and he was acquitted of all the charges levelled against him. (b) Penal Code (XLV of 1860)--- ----Ss. 97, 100 & 302---Qatl-i-amd committed in self-defence---Right of private defence of the body and property extending to causing death of trespasser---Scope---Law gave right to the occupant of any property to expel any intruder/trespasser and if the trespasser had made a trespass for illicit matters then, the right of self-defence of property and person was further fortified even to the extent of causing death of…

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