Law: Penal Code (XLV of 1860)

Section: 299, 300, 301, 304

(a) Penal Code (XLV of 1860) S. 300, .Exception II-Private defence-Injuries suffered by accused not being result of attack by other party, other party presumably unarmed-Accused in circumstances, held, could not be said to have acted in good faith or without intending causing more harm than necessary for purpose of his defence so as to bring his case within Exception 11 to S. 300, Penal Code, 1860.- (Private defence, right of) (b) Penal Code (XLV of 1860) S. 300, Exception IV Murder in sudden fight in heat of passion Opposite-party being unarmed, accused's action in giving blow with a lethal weapon, held, cruel, amounted to commission of offence of murder and not covered by Exception Iv to S. 300, Penal Code, 1860. Abdul Majid v. The Crown P L D 1954 F C 304 ref. (c) Penal Code (XLV of 1860) Ss. 299, 300 & 301.-Culpable homicide-Murder-Culpable homicide, held, may not amount to murder where notwithstanding mental state being sufficient to constitute murder one of exceptions to S. 300, applicable, or where mental state, though within description of S. 299, not of special degree of criminality required by S. 300.-[Culpable homicide]. (d) Penal Code (XLV of 1860) S. 304-[Murder-case]-Sentence-Acquitted accused directed by Supreme Court to be taken into custody pending disposal of appeal filed before such Court-Supreme Court allowing appeal, setting aside High Court's order to such extent and restoring that of trial Court-Period spent by accused while in such custody during pendency of appeal directed to be taken into consideration in computing sentence awarded by trial Court.-(Sentence]. Dates of hearing : 29th and 30th September, 1980.                                                                                                             JUDGMENT MUHAMMAD HALEEM, ACTG. C. J.-This appeal, by special leave, arises from the judgment of the Lahore High Court, Lahore, dated 14th April,…