| Citation(s) |
|---|
| 1993 SLG 295 1993 SLD 295 = 1993 PLD 1 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.44-L of 1991, heardon 29-07-1991. (On appeal from the judgment, dated 13-1-1991passed in Criminal Appeal No. 323 of 1985 by learned SingleJudge of the Lahore High Court, Lahore)
., MUHAMMAD AFZAL ZULLAH, CJ� AND MUHAMMAD RAFIQ TARAR, J
Criminal Petition for Leave to Appeal No.44-L of 1991, heardon 29-07-1991. (On appeal from the judgment, dated 13-1-1991passed in Criminal Appeal No. 323 of 1985 by learned SingleJudge of the Lahore High Court, Lahore)
., MUHAMMAD AFZAL ZULLAH, CJ� AND MUHAMMAD RAFIQ TARAR, J
Law: Pakistan Penal Code (XLV of 1860)
Section: 304, Part I and 300, Exception 4,302
Law: Constitution of Pakistan, 1973
Section: 185
(a) Penal Code (XLV of 1860)------- Ss.304, Part I and 300, Exception 4 --- Free fight --- Right of private defence--�No right of private defence can be claimed in a free fight.-[Private defence right of.Abdul Rehman's case 1972 SCMR 676 ref.Per Muhammad Afzal Zullah, CJ.--(b) Penal Code (XLV of 1860)------S.302---"Free Figkht" - Meaning, import and incidents attached to free fight--�Rules and principles applicable in cases of "free fight"---A question of self�defence in a "free fight" would not arise --- Normally in such cases each party tries to minimize its role and also to introduce some falbehood --- Duty of Court is to try to discover the truth.---[Words and phrases --- Private defence-right of]."Free right" was defined as one: wherein the parties were hostile to each other and each was determined to have-trial of strength after having,,., anticipated the resistance from the other side. And thus it would be reasonable to infer that in entering upon the conflict each party knowingly and deliberately took upon itself the risk of the encounter. Each participant "in a free right" would be liable for his individual act.Abdur Rehman v. Gadai Khan 1972 SCMR 676 and Sayed Ali Bepar Nibaran Mollah PLD 1962 SC 502 ref.(c) Constitution of Pakistan (1973)----, Art. 185 --- Appeal (criminal) --- Supreme Court Rules, 1980, OXI--�Supreme Court practice --- Where there is only a difference of opinion regarding one or other shade in the extent of criminality, Supreme Court ordinarily would go by the assessment made by the convicting (Trial) Court.(d) Penal Code (XLV of 1860)------- Ss. 300, Exception 4 & 302---"Sudden fight" and "free right"---Distinguishing features --- Conviction --- Conviction in a case of "free fight" ordinarily would be under S.302, P.P.C. as distinguished from the case of "sudden fight" which would attract the Exception 4 to S.300, P.P.C.--[Words and phrases].Although in a case of "free fight" as distinguished from "sudden right" dealt under Exception 4 to section 300, P.P.C., the conviction ordinarily will be under section 302, P.P.C. there might be extremely rare cases in which even on finding of "free fight" the conditions laid down…