Law:

Section:

Penal Code (XLV of 1860)- -- Ss. 302 & 100, Exception 4-Criminal Procedure Code (V of 1898), S. 342--Private defence, right of-Statement of accused under S. 342, Cr. P. C. to be taken into consideration in its entirety-Such statement cannot be bifurcated so as to part thereof only with a view to strengthen one's conclusion and to reject other part-Direct or indirect evidence led by prosecution to prove its version, absent­ Nothing on record to negative or contradict statement of deceased ­Court in circumstances to fall back on statement of accused-Deceased elder than accused by 10 years taking him to his 'Dhari' where he wanted to commit sodomy on accused aged 13/14 years-Absence of cut mark on shirt of deceased and its existence on bunian showed that deceased had put off his shirt and that in fact deceased coerced accused to submit to him for sodomy-Accused aged 13/14 years in fit of agitation and provocation, when being forced on knife point by deceas­ed for satisfaction of his unnatural lust, held, justified to kill deceased ­Accused not a catamite and not causing more harm than it was necessary while resisting dirty design of deceased to commit sodomy on him­. Apprehension by accused that death or grievous injury would be suffered by him in case of his refusal to surrender to accused, justified­ Held, accused killed deceased in exercise of his right of private de­fence-Conviction and sentence set aside.-[Private defence, right of]. Rahim Bux v. The Crown P L D 1952 F C 1 and Muhammad Idrees v. The State P L D 1965 Lah. 553 ref. JUDGMENT The appellant Muhammad Rashid alongwith his brother Niamat Ali stood their trial before the learned Additional Sessions Judge, Kasur on a charge under section 302 read with section 34 of the P. P. C., for causing murder of one Abdur Rashid aged 25 years. At the conclusion of the trial the learned Additional Sessions Judge vide his order dated 5-5-1972 acquitted Niamat Ali of the said charge, but convicted the appellant Muhammad Rashid under section 304, Part II of the P. P. C., and was sentenced to undergo R. I. for a term of five years. A fine of Rs. 1,000 was also imposed upon the appellant, and it was ordered that in…

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