Law: Penal Code (XLV of 1860)

Section: S. 100

Penal Code (XLV of 1860), S. 100, fifthly-Right of private defence of body-.Simple abduction as defined in S. 362, P. P. C., not amounting to any offence under the Penal Code-Person abducted has no right of private defence. JUDGMENT   BASHIR-UD-DIN AHMAD, J.-Muhammad Hussain Pervaz, who was tried for the murder of Nur Muhammad on the 31st of August 1960 by the learned Sessions Judge, Montgomery at Lahore, was convicted and sentenced under section 302, P. P. C. on the 25th of August 1961 to transportation for life. The convict appeals.   The story for the prosecution is that on the morning of the fateful day the deceasedNur Muhammad, claimed Muhammad Hussain Pervaz to be his son, went to house of Wazir Muhammad in the Grain Market at Montgomery with whom Muhammad Hussain Pervaz lived in those days as it was rumoured that Wazir Muhammad was keeping the boy for immoral purposes, which Nur Muhammad disliked. Muhammad Hussain Pervaz was not willing to leave the service of Wazir Muhammad, and when Nur Muhammad persisted he shot him with the revolver of his master. Muhammad Buta, Jan Muhammad, Sardar Muhammad and Muhammad Amir, who were attracted to the spot on hearing the gunfire, witnessed the occurrence.   The report (Exh. P. 4) regarding the occurrence was made by Muhammad Buta at7-30 a.m. on the 31st of August 1960 at Police Post No. 3, Montgomery, and it was taken down by Muhammad Ramzan, Assistant Sub-Inspector, (P. W. 21), who forwarded it to Police Station Sadar for registration of the case. The formal first information report Exh. P. A/Z was drawn up by Assistant Sub-Inspector Manzur Ahmad (P. W. 13).   The case was investigated by Muhammad Ramzan, A. S. I. (P. W. 21), who took Intopossession the revolver Exh. P. II and five empty cartridges Exh. P/12-16 and sealed the same into a parcel vide Memo. Exh. P. F. He also took into possession sixteen live rounds and sealed them into two separate parcels. The licence Exh. P. G, was also taken into possession by the investigating officer vide memo. Exh. P. H. He took into possession blood stained bricks Exh. P/1-4 from the deorhi of the house of Wazir Muhammad and sealed them into a parcel vide…