Law:

Section:

Penal Code (XLV of 1860)-----Ss. 302 & 304, Part I-Murder-Self-defence -- Petitioner allegedly under grave apprehension of bodily injury from deceased armed with hatchet and art iron bar, firing as many as three successive shots-Very first shot on chest of deceased being grievous and fatal and sufficient to cause death in ordinary course of nature-Petitioner, held, exceeded his right of self-defence-Sentence of life imprisonment under S. 304, Part I maintained.-[Private defence, right of] ORDER FAKHRUDDIN G. EBRAHIM, J.-The petitioner Khan Bahadur alongwith his cousin, Safdar, was tried before the learned Additional Sessions Judge, Attock, for the murder of a co-villager namely. Muhammad Sadiq at Deegarwela on 23-7-1975, in Khasra No. 610 in village Subjal within the jurisdiction of the Police Station Fateh Jhang. Safdar, accused, was given benefit of doubt and acquitted of the charge, while the petitioner, Khan Bahadur, was convicted under section 302, P. P. C. and condemned to death with a fine of Rs. 2,000 which amount, if realised, was to be paid to the heirs of the deceased by way of compensation under section 544-A of the Code of Criminal Procedure. The petitioner challenged his conviction and sentence before the High Court. The matter also came up for confirmation of death sentence under section 374 of the Criminal Procedure Code and the High Court set aside the conviction of the petitioner for the offence of murder under section 302 and instead held the petitioner guilty for the offence of culpable homicide not amounting to murder under Part I of section 304, P. P. C. on the ground that the petitioner had gravely exceeded the right of self-defence in having fired three shots at the deceased, out of which two had proved fatal. As regards the sentence, the High Court took the view that the petitioner deserved maximum punishment of life imprisonment for the offence under section 304-1, P. P. C. and accordingly, the death sentence was converted into one life imprisonment. The controversy in this petition will be narrowed down if we first refer to the petitioner own version of the incident as given in his 342, Cr. P. C. statement, which appears at nag;,…

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