Law:

Section:

P L D 1957 Azad J & K 9         Criminal trial-Right of self-defence-Need not be speci fically pleaded.   It is unnecessary for an accused person to specifically plead the right of self-defence in his statement or to establish it by producing defence evidence. If from the material on the record, the right is made out, the accused person will be entitled to the benefit of it.     Date of hearing: 26th February, 1957.     ORDER   F. H. SHAH, C. J.---Mst. Gulab Noor, aged 35 years, has been convicted under section 302, A. P. C. for the murder of her husband's brother Kala Khan and has been sentenced to life imprisonment by order dated the 27th November 1956, of the Sessions Judge, Poonch. This is her appeal sent through the Jail Authorities.   Briefly stated, the prosecution story is that on the 22nd of Ramzan last at 10 a.m. Kala Khan deceased was working in his field and lay down for rest under a `harri' tree near the house of Mst. Gulab Noor appellant who at that time was on the roof of the house. The appellant started to use abusive language towards the deceased saying that a false rumour in the village that she did not keep fast had been started by him. The deceased asked her to desist but she kept on abusing him, so the deceased got up and started to climb on the roof of the appellant's house by means of the wooden ladder (Exh. P. 1) and while he was doing so, the appellant threw the stone (Exh. P.2) at him hitting him on the back. The deceased, however, went on climbing the ladder and so soon as he placed one foot on the roof, the appellant pushed him with the result that he fell down on the hard ground below on his back and sustained injuries resulting in the bursting of the left lung and died a couple of hours later.   The appellant denied having thrown a stone at the deceased or having pushed the deceased over board. Her version at the trial is that she had fever and was sitting in the sun in her compound when the deceased with his `rambi' came to assault her so that in order to save her life, she went on the roof of her house by the ladder and that after some time she heard…