Law:

Section:

Penal Code (XLV of 1860)-------S. 302(c)/34---Reappraisal of evidence---Sentence. reduction in---Right of private defence, exercise of---Scope---Accused/appellant admitted occurrence but took plea that complainant party, including deceased who was armed with pistol, had launched attack on the house of accused/appellant and it was deceased who first fired at accused, hitting accused on his leg; whereupon accused,/in exercise of right of self-defence, gave "Chhuri" blows to deceased which resulted in latter's death---Trial Court believed prosecution version that accused party had initiated attack and while rejecting defence plea convicted accused under S.302(b), P.P.C. and sentenced him to life imprisonment---High Court accepted defence version of accused to the effect that accused had exceeded right of private defence---High Court convicted accused under S.302(c), P.P.C. and reduced sentence to imprisonment for 14 years---Validity---Occurrence had taken place near the house of accused---Altercation between the parties had changed into open fight---High Court rightly observed that it was a case of exercise of exceeded right of private defence---Exercise of right of self-defence was a matter which involved certain factual implications directly relating to human conduct---The moment right of self-defence accrued to accused, the quantum of fear in the mind of accused and his reaction under such fear were the matters which could not be weighed in golden scales---Exercise of right of private defence varied from man to man and was directly related to circumstances of each case---Though deceased had effectively fired at accused but nature of injuries inflicted on deceased were such that appellant could either have done without killing deceased or averted the danger by snatching pistol from deceased who had already fallen on the ground---While agreeing with the finding of High Court, sentence of imprisonment of 14 years was reduced to imprisonment for 10 years---Appeal was partly allowed. Niaz Ahmad Rathore, Advocate Supreme Court for Appellant. Muhammad Zaman Bhatti, Advocate Supreme Court for the State. Date of hearing: 3rd May, 2006. JUDGMENT SARDAR MUHAMMAD RAZA…

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