Law: Penal Code (XLV of 1860)

Section: 100, 103

Penal Code (XLV of 1860) Ss. 100 & 103-Private defence; right of-Deceased after commission of theft escaping with stolen property and when given chase by accused firing pistol shot in air and issuing threats-Accused returning a single gunshot resulting in death of deceased-Accused, held, acted within limits of right of private defence to recover his property-Deceased being armed with a pistol, use of fire-arm by accused, held, permissible and right of private defence not exceeded.             The deceased had committed the theft and was armed with a pistol. He was actually escaping with the stolen property and had fired a pistol shot in the air and further had issued threats to the appellant who was trying to approach him in order to capture him and rescue the property before the appellant had fired the gunshot. The evidence shows that -only one gunshot was fired and if it resulted in the death of the deceased the appellant acted within the limits of the right of private defence which was available to him under either of the two sections. There was a clear apprehension of a serious result to follow in case the appellant had not acted promptly. The deceased was armed with a pistol and he would not have spared the appellant if he had persisted in chasing the deceased in order to either capture him or to recover the property. It is true that the shot by the appellant was fired at the deceased when he was trying to escape but was still carrying on the stolen property and the, appellant had every right to recover the property from the thief and in doing so be could also cause an injury. In view of the weapon with which the deceased was armed the only weapon which the appellant could use was a weapon of similar nature. So the use of the gun by the appellant was permissible and he acted within the right of private defence available in law and this right was not exceeded. Date of hearing : 25th January 1971.     JUDGMENT The appellant was convicted by the learned Sessions Judge, Khairpur, for an offence under section 304, Part I, P. P. C., and sentenced to undergo R. L' for five years and to pay a…