Law: Penal Code (XLV of 1860)

Section: 302

(On appeal from the judgment and order of the Karachi Bench of the High Court of West Pakistan, dated the 11th November 1958, in Criminal Appeal No. 241 of 1958/Confirma tion Case No. 57 of 1958). (a) Penal Code (XLV of 1860), S. 302 & 304, Part Murder trial-Trial Judge describing accused's action in his judgment as performed under provocation-Further description of such action in same judgment as "cold-blooded and brutal" calling or extreme penalty of law-Held : clearly inconsistent. (b) Penal Code (XLV of 1860), S. 302 & 304, Part I read with S. 100-Murder-Private defence, right of-Civil litigation between accused party and Municipal Corporation already pending decision in Court and Municipal Authorities as well as police served with injunction orders to refrain from removing cabins of accused and others-Thanedar having received contempt notice issued on initiation of contempt proceedings by accused approaching accused party under guise of investigation and demanding to produce either injunction orders or accompany to Police Station with intention to overawe or otherwise influence very party who had issued notice of contempt to him-Exchange of hot words between parties leading accused to take up his gun and threaten Police when trying to overpower him-Accused taking to heels but on being pursued by one shooting him dead-Accused, held, did not commit any offence in running away and attempt by police to arrest him being wholly unjustified could be resisted by use of force in circumstances. (c) Penal Code (XLV of 1860),  S. 302 & 304, Part I read with S. 100-Murder-Culpable homicide not amounting to murder Private defence, right of-Accused entitled to use force in order to avoid illegal arrest-Not justified in causing death of pursuer Accused's duty to use minimum force to claim benefit of private defence-Shooting at face-Must be regarded as deliberate with intention to kill-Accused shooting at face of pursuer and killing him, held, exceeded right of private defence and therefore guilty of offence under S. 304, Part I-Conviction under S. 302, reduced to one under S. 304, Part I. Date of hearing s 26th February 1959. JUDGMENT…