Law: Pensions Act, 1871

Section: 304

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   ---S.304, Part II--Constitution of Pakistan (1973), Art.185(3)--Right of private defence--Deceased grappled with accused without justification and became a party to illegal arrest and wrongful confinement of accused in furtherance of common intention with eye-witnesses whereas accused could not have recourse to any other lawful authority for his release and felt genuine apprehension regarding safety of his person--Accused, in act of self-defence gave a fist blow to deceased which per chance caused his death--Accused, held, was entitled to acquittal due to exercise of right of private defence.--[Private defence, right of]. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This Criminal Appeal through leave of the Court, is directed against judgment in appeal dated 24-11-1986 of the Sind High Court; whereby appellants conviction under section 304(II), P.P.C. was set aside, he was convicted under section 325, P.P.C. and the sentence was accordingly reduced. Leave to appeal was granted to examine: whether the appellant had right of private defence. The prosecution case as disclosed in the testimony of Shabbir Ahmed, A.S. I., an eye-witness and also the complainant, is as follows:- I knew deceased Abdul Ghani, so also know the accused present in the dock of the Court On 12-5-1982 at about 3-00 p.m. I was present on the K.P.T. Gate alongwith Khan Muhammad Hawaldar, Abdul Ghani and Niamat Gul. Deceased Abdul Ghani asked the accused who wanted to enter into K. P. T. to show the gate pass on which he replied that he is employee of Custom, therefore, he cannot show the Gate Pass. Deceased Abdul Ghani went on insisting him to show the pass. On which accused took a pass from his pocket and waived the same in front of the eye of the accused. On this there arose quarrel and scuffle between deceased and accused. Thereafter, we caught hold the accused and brought him in office of K.P.T. which is near the gate. We tried to settle the matter, in the meanwhile deceased Abdul Ghani came there. Seeing Abdul Ghani accused lost his temper and gave him fist blow on his ear. Abdul Ghani fell down on the ground. We took him and got him lie on the bench and after a…

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