Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302---Qanun-e-Shahadat- (10 of 1984), Art. 113---Criminal trial--­Appreciation of evidence---Accused had admitted to have killed the deceased in his statement under S.342, Cr.P.C.---Two questions of paramount importance arise in a criminal case i.e. firstly as to who has committed the alleged crime and secondly, whether the person committing the crime had any legal or factual justification for committing the same---Onus on the general issue regarding the first question is always on the prosecution but the moment an accused person admits committing the crime the said onus on the prosecution is discharged because by virtue of Art.113 of the Qanun-e-Shahadat, 1984, a fact which is admitted may not be proved. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 100---Qanun-e-Shahadat (10 of 1984), Art.121--­Appreciation of evidence---Plea of exercise of right of private defence--­Burden of proof---When an accused person advances a plea based upon any general or special exception contained in the Penal Code, 1860 the burden of proving the existence of circumstances bringing the case within such general or special exception is upon him and the Court is to presume the absence of such circumstances unless so proved by him---Accused, in the present case, had failed to bring any circumstance on the record which could support his plea of exercise of right of private defence; he had only mentioned in his statement under S.342, Cr.P.C. that the deceased had brought a rifle for the purpose of committing his (accused's) murder but that rifle had been snatched by him and then used by the accused for killing the deceased resulting in his death ---Validity--­Mere asserting carrying a rifle by the deceased at the relevant time without any further ado could not possibly be treated by the accused to be an assault for the purpose of 5.100, P.P.C. so as to entitle him to cause the deceased's murder in exercise of right of private defence---Principles. (c) Penal Code (XLV of 1860)--- ----Ss. 100 & 302--Private defence, right to exercise---Extent---Accused, in the present case, having admitted killing the deceased had failed to advance any factual…

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