Law: Penal Code (XLV of 1860)

Section: 302, 100

  On appeal from the judgment and order of the Judicial Commissioner, N.-W. F. P., Peshawar, dated the 26th March Penal Code (XLV of 1860), Ss. 302 & 100-Conviction for murder--Plea of self-defence not raised during inquiry or trial but certain matters appearing ire prosecution evidence supporting such possibility---Special Leave to Appeal granted by Supreme Court to Consider whether and it' so to what extent act of accused covered by right of self-defence Date of hearing: 10th February 1953, JUDGEMENT CORNELEIUS, J.-The appellant is one Sultan Muhammad, whose conviction under section 3t)?, P.P.C. and sentence of death awarded by an Additional Sessions Judge of Peshawar were confirmed by the Judicial Commissioner of the N.-W.F.P, along with conviction, and sentences on other minor charges. We are informed that tile death sentence has been commuted to transportation for life by the Provincial Government. Sultan k1uhammad's petition for appeal leave to appeal., which was filed through the jail was allowed, for the specific purpose of examining, whether adequate consideration had been given to the, point of the right of` private defence, in fag our of tile appellant. On examining the record, we find that the plea of self-defence was not, raised at any time during the trial or the, preceding enquiry on behalf of the appellant Certain matter, appear in the prosecution evidence which go to support such a possibility, and it therefore becomes necessary to consider whether, and if so to what extent, the act of the accused is covered by the right in question. It has been found by the learned Judicial Commissoner, that Sultan Muhammad with a single shot from, a rifle, voluntarily caused the death of one Khuban, inside the latter's kotha a small room measuring no more than about 12' x 6', at about mid-day on the 19th August 1950. They have found also that Sultan Muhammad entry in to the kotha was an act of house-trespass and that the object such trespass, namely to commit adultery with Khuban`s wife Mst. Sabarjan had been accomplished just before Khuban unexpectedly returned from his field to the house. Acting on an admission by counsel for…