Law: Penal Code (XLV of 1860)

Section: Ss. 99 & 105

Penal Code (XLV of 1860)------   -----Ss. 99 & 105-Words "time to have recourse to . . . public authorities"-Meaning-Person actually seeing thief in possession of his goods-Need not run to seek protection of public authorities-Entitled to use reasonable force short of causing 'death to deprive thief of booty.   JUDGMENT   This is a revision petition against the order of the Sessions Judge, Poonch, Rawalakot, dated 30-4-1963 whereby the appeal of the accused-petitioner against his conviction and sentence under section 307, A. P. C. by order of the Sub-Judge, Magistrate 1st Class, Rawalakot dated 21-8-62 was dismissed and the conviction and sentence upheld.   Briefly stating, the facts of the case are that the complainant Said Hussain alongwith his other companions Sarwar, Mir Afsar, Muhammad Hussain Khan, Latif and others cut a pine tree in a Jungle situate in village Nakar on 14-1-1960. Having cut the tree it was divided by them amongst themselves. The com plainant stored his share of the wood near the house of one Muhammad Afsar and went home. Next day the complainant went to take home his share of the wood at about noon time. He was at that time accompanied Mir Afsar but when he and Mir Afsar reached the spot, where the wood had been stored, they found Mir Ahmad, the accused-petitioner present on the spot. The accused was carrying a 12 Bore Gun and when the complainant lifted the wood to take it home the accused objected saying that as the tree from which the wood had been cut belonged to him, he would not allow it to be taken away. The complainant replied that as the tree had been cut from the Jungle he would take it away. The accused then went ahead of the complainant and when the complainant had carried the wood some distance he was fired at by the accused. The shot injured the complainant on the head and the wood fell down from his shoulder yet the complainant ran after the accused and when he reached near the accused, the accused fired a shot for the second time which hit the complainant on the right side of his belly but all the same the complainant succeeded in wresting the gun from the accused which he broke by…