Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302---Constiiution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to accused to consider whether, if at all, he was not entitled to the complete right of private defence of person and property; that he was not entitled to the benefit of extending the right of private defence and lesser punishment under S. 304, P.P.C. (b) Penal Code (XLV of 1860)--S. 302---Criminal Procedure Code (V of 1898), S.382-B---Benefit of S. 382-B, Cr.P.C., grant of---Counsel for accused had pressed the appeal only for grant of benefit under S. 382-B, Cr.P.C.---Accused had raised the plea of private defence of person and property in his defence on which leave to appeal had been granted to him by Supreme Court---High Court had not considered the plea of accused for extending the benefit of S. 382-B, Cr.P.C. to him in the impugned ---Prosecution had not opposed the said plea of accused---Benefit under S. 382-B, Cr.P.C. was extended to accused in circumstances. Ch. Muhammad Akram, Advocate Supreme Court for Appellants. Javid Aziz Sindhu, Advocate Supreme Court for the State. Date of hearing: 18th March, 1998. JUDGMENT NASIR ASLAM ZAHID, J.---Haji Maula Bakhsh (since deceased) and Allah Ditta had filed Jail Petition for leave No.214 of 1991 against the impugned judgment dated 18-8-1990 of the Lahore High Court whereby the sentence of death awarded to Haji Maula Bakhsh was commuted to imprisonment for life and the life sentence awarded to Allah Ditta by the trial Court was maintained and the revision petition filed by the complainant for enhancement of his sentence was dismissed. The petition filed by the appellants for leave came up for hearing before this Court on 19-2-1994 when the Court was informed that petitioner Haji Maula Bakhsh died his natural death on 11-2-1994 and, therefore, his jail petition for leave abated leave was, however, granted to other petitioner Allah Ditta. We have heard Ch. Muhammad Akram, learned Advocate Supreme Court…

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