Law:

Section:

Penal Code (XLV of 1860)--Ss. 302 & 304(I) Private defence, right of Accused, 16 years, defending himself from sexual assault made on him by deceased of 35 years Right of private defence, held, accrued to accused Accused inflicting 28 incised injuries, held, exceeded right of self defence Conviction altered from S. 302 to S. 304(1), P. P. C. Accused already in jail for about 10 years, sentence reduced to already under¬gone in circumstances of case. [Private defence, right of Sentence]. Safdar Ali's case P L D 1953 F C 93 ref. JUDGMENT ASLAM RIAZ HUSSAIN, J. This appeal through jail is directed against the judgment of the Lahore High Court, Lahore, dated 11 2 1979, dismissing his appeal. 2. The appellant was tried by learned Additional Sessions Judge, Rawalpindi, for the murder of Muhammad Bashir. According to the prosecution version the alleged occurrence took place: on the night between 5th and 6th of March, 1973, in the shop of the deceased. At the time of incident the appellant is stated to be 15 years of age. The deceased was last seen alive in the company of the petitioner in the former's shop, where he was later found dead with as many as 28 incised injuries on his person. The F. I. R. was lodged by Muhammad Taj (P. W. 13). The accused (appellant herein) was arrested. Blood stained 'Chhuri as well as his blood stained clothes were recovered and taken into possession. The prosecution relied mainly on the said recoveries and the testimony of Wali Muhammad (P. W. 11) and Muhammad Taj (P. W. 13), who had seen the deceased alive with the appellant. The appellant, however, simply denied his quilt. He was, however, found guilty by the learned trial Court and sentenced to death. On appeal the High Court maintained his conviction but reduced his sentence from death to that imprisonment for life. The learned Judges of the High Court gave the following reasons to reduce his sentence : "The motive and the precise circumstances in which the occurrence took place, are shrouded in mystry. We are not impressed for believing that the motive was commission of theft. The complainant himself stated in the F. I. R. and in this reference we take note of the fact that the…

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