Law: Penal Code (XLV of 1860)

Section: 97, 100, 304

Penal Code (XLV of 1860), Ss. 97, 100 & 304 (II)-Private defence, right of-Deceased assaulting wife of appellant with Intention to commit rape-Right of her defence extended to killing assailant. A husband or any body has a right to commit the death of a person who makes an assault with the intention of committing rape. Date of hearing: 3rd May 1972.                                                                                                                          JUDGMENT The appellant-petitioner in this case was convicted under section 304, Part II, Pakistan Penal Code for causing the death of one Muhammad Nawaz and was sentenced to seven years' rigorous imprisonment. He was also directed to pay a fine of Rs. 2,000. In default of payment of fine he was to undergo further one year's rigorous imprisonment. 2. The basic question raised in the bail application which was fixed for today was that it appeared from the contents of the judgment, particularly, paras. 7 and 16 that the petitioner appellant had caused the death of Muhammad Nawaz under grave and sudden provocation or in the alternative under circumstances which suggested that the deceased wanted to rape his wife Mst. Mumtaz. After hearing the learned counsel on both sides I asked them whether the appeal could be disposed of on this sole point. Both of them agreed that it could be done. I, therefore, proceed to dispose of the appeal. 3. The story of the prosecution, as put before the trial Court, was that the appellant and his three co-accused had assaulted the deceased with a view to avenge the molestation of Mst. Mumtaz Bibi wife of Ashiq appellant and sister of Zahoor his co-accused. This molestation by the deceased was done in order to show his resentment against the alleged liaison between Zahoor Ahmad the co-accused and brother-in-law of the appellant and Mst. Azizan wife of Bashir…