Law: Penal Code (XLV of 1860)

Section: 100, 300

(a) Penal Code (XLV of 1860) S. 100-Private defence, right of-Accused not taking plea of self-defence seriously at any stage of enquiry or trial but on other hand taking inconsistent pleas at different stages and making improvement upon his earlier state ments-Pleading self-defence immediately after occurrence-Held, does not help accused in circumstances. (b) Penal Code (XLV of 1860) S. 302-hhtrder-Sentence Deceased having estranged relations with accused insulting him some days before occurrence in presence of other persons-Possibility that deceased on asking of accused not to pass that way might have said something which prompted accused to fire at deceased, not excluded Capital punishment, held, not to be exacted in circumstances Sentence of death reduced to transportation for life. Dates of hearing : 4th and 5th November 1969. ORDER MUHAMMAD AFZAL ZULLAH, J.-By his judgment, dated 30th July 1968, the learned Additional Sessions Judge, Lyallpur,' has convicted Muhammad Faqir, aged about 48 years under section 302, P. P. C., and sentenced him to death, for the murder of one Niaz Ahmad in front of Abdullahpur Branch, of National Bank of Pakistan, Lyallpur, on 26th September 1967, at about 8 a.m. The convict; has appealed and the reference under section 374, Cr. P. C. or the confirmation of the sentence of death awarded to him is also before us. Both the matters are being disposed of by this judgment. 2. The essential facts of this case are contained in the dying declaration of Niaz Ahmad recorded by a Magistrate about an hour after the occurrence. It is in Urdu. For convenience of reference its English translation is reproduced :- "At 8 a.m. today I was going towards Bus Stand in search of some employment as a driver. When I passed in front of the Abdullahpur Branch of National Bank, the Chowkidar of the Bank whose name I do not know was on his duty. He abused me and told me not to pass that way. I replied that I shall pass on that way. On this he became enraged and fired a shot from his gun at me which hit me on the right hand and abdomen. The motive is that one day on seeing him commit ting sexual intercourse (badkari) with a small girl, I had…