| Citation(s) |
|---|
| 1957 SLG 945 1957 SLD 945 1957 PLD 451 |
Lahore High Court
Criminal Appeal No. 786 of 1956, decision dated: 11-04-1957 from the order of Fazl-i-Ilahi, Additional Sessions Judge, Lahore dated the 9th November 1956. dates of hearing : 2nd, 3rd and 4th April 1957
S. A. RAHMAN C.J. AND AKHLAQUE HUSAIN, J
Manzur Qadir and Jan Husain for Appellant. M. Z. Kitchlew for the A. G. for
Respondent
Criminal Appeal No. 786 of 1956, decision dated: 11-04-1957 from the order of Fazl-i-Ilahi, Additional Sessions Judge, Lahore dated the 9th November 1956. dates of hearing : 2nd, 3rd and 4th April 1957
S. A. RAHMAN C.J. AND AKHLAQUE HUSAIN, J
Manzur Qadir and Jan Husain for Appellant. M. Z. Kitchlew for the A. G. for
Respondent
MUHAMMAD IQBAL alias BALA--Convict--Appellant
VS
THE STATE--Respondent
Law: Pakistan Penal Code, 1860
Section: 97,425
Law: Pakistan Penal Code, 1860
Section: 97,425
Penal Code (X LV of 1860)------- ---- Ss. 97, 425-Right of private defence of property against act of Corporation Official deputed to remove encroachments on road-Not available unless such act amounts to "mischief" as defined in S. 425, P. P. C. Held, that there was no right of private defence of property against the act of a Corporation Official who was deputed by the Corporation to remove encroachments on streets, unless such act fell within purview of section 425,' Pakistan P. C. (mischief). A person is not criminally liable for acts of mischief, when the act complained of was committed under a bona fide exercise of a supposed right and without the requisite intention or knowledge to cause wrongful loss, even though the belief in the right may be mistaken, Packirive Pillay v. Muthukrishna Aiyer, A I R 1920 Mad. 660 (1), Sebastian Lobo v. Mingel D'Souza A I R 1932 Mad. 676, Jambulingam Pillai v. Ponnuswami Pillai A I R 1939 Mad. 4(10, In re-Dharamalinga Mudali and others A I R 1915 Mad. 73, Sarat Chandra Sen v. Yakub Talukdar A I R 1924 Cal. 805 and Natha Singh v. The Emperor 6 P R 1903 (Cr.) rel. JUDGMENT RAHMAN, C. J.------Muhammad Iqbal alias Bala has been sentenced to death for the murder of Muhammad Afzal, a Rent Inspector of the Lahore Corporation, by the learned Additional Sessions Judge, Lahore. The condemned man has appealed and his sentence is also before us for confirmation under section 374 of the Code of Criminal Procedure. The prosecution case arose in the following circumstances. In connection with the campaign for "Cleaner Lahore", the city was divided into seven sectors, each sector being assigned to a Magistrate who was supposed to supervise and help the Corporation staff in removing encroachments on public streets. Some members of the police force were also detailed for duty with the Magistrate. The Mozang area was assigned to Sheikh Abdul Jabbar (P. W. 5), Magistrate Second Class, and the deceased was a member of the staff attached to the Magistrate from the Corporation side. A number of persons, including Buta Khan (P. W. 17) and Husain Ali (P. W. 19), Sheikh Zafar Ali Rent Inspector (P. W. 6), Abiana Inspector Ilam Din, a Sanitary…
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