Law: Penal Code (XLV of 1860)

Section: 76

Law: Pakistan Army Act, 1952

Section: 33

(a) Confession Recording of Magistrate neither ordering removal of handcuffs of accused nor excluding police from court¬room Confessional statement ruled out of consideration. (b). Penal Code (XLV of 1860), S. 76 read with Pakistan Army Act (XXXIX of 1952), S. 33 Soldier detailed to perform guard duty of a private nature at officer's bungalow, killing by gunfire a person who was neither a trespasser nor had he ostensibly done any legal wrong Soldier guilty of murder Act not covered by S. 76, P. P. C. Illegal order of Officer, however, can be used in mitigation of sentence. The admitted facts of the case were that the appellant fired a shot on a person who had ostensibly done no legal wrong requiring such a drastic measure. The victim was not even guilty of trespass. The appellant knew that he had been detailed to perform a specific (guard) duty of a private nature at the bungalow of an officer, which had nothing to do with his military duties. To be a lawful command within the meaning of section 33 of the Pakistan Army Act, 1952, the command must relate to a military duty, that is to say disobedience to it must tend to impede, delay or prevent a military proceeding. A command given to a soldier to perform some domestic work not relating to military duty is not a lawful command. Held, that the appellant was not entitled to benefit of S. 76, P. P. C. Niamat Khan and others v. The Empress 1883 P R 17 ; Queen Empress v. Latif Khan I L R 20 Bom. 394 and Allahrakhio and another v. The Crown A I R 1924 Sind 33 ref: Obedience to an illegal order, however, can be used in mitigation of punishment. Niamat Khan and others v. The Empress 1883 P R 17 ref. Sentence of death was reduced to transportation for life. JUDGMENT ABDUL AZIZ KHAN, J.-- Sube Khan was tried by the learned Sessions Judge, Lahore, under section 302 of the Pakistan Penal Code, the allegation against him being that on the 4th of May 1957, at 9 30 p.m., he had murdered Muhammad Shafi, in the Motor Vehicle Depot Ground, situated in the Lahore Cantonment. Disagreeing with the unanimous opinion of the assessors, the learned Sessions Judge convicted him and sentenced him to death. The condemned person has…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492