Law:

Section:

Penal Code (XLV of 1860), Ss. 302 & 100-Conviction for murder-Plea of self-defence not raised during inquiry or trial but certain matters appearing in prosecution evidence supporting such possibility-Special Leave to Appeal granted by Supreme Court to consider whether and if so to what extent act of accused covered by right of self-defence. Dost Muhammad Khan, Advocate Federal Court for Appellant. Abdul Aziz Khan, Advocate-General of the Punjab (Nasim Hassan, Advocate Federal Court with him) instructed by Iftikhar-ud-Din Ahmad, Attorney for the Crown. Date of hearing : 10th February 1953. JUDGMENT CORNELIUS, J.-The appellant is one Sultan Muhammad, whose conviction under section 302, P.P.C. and sentence of death awarded by an Additional Sessions Judge of Peshawar were confirmed by the Judicial Commissioner of the N.-W. F. P., along with convictions and sentences on other minor charges. We are informed that the death sentence has been commuted to transpor­tation for life by the Provincial Government. Sultan Muhammad's petition for special leave to appeal, which was filed through the jail was allowed, for the specific) purpose of examining whether adequate consideration had been given to the point of the right of private defence, in favour of the appellant. On examining the record, we find that the plea of self-defence was not raised at any time during the trial or the A preceding enquiry on behalf of the appellant. Certain matters appear in the prosecution evidence which go to support such a possibility, and it therefore becomes necessary to consider whether, and if so to what extent, the act of the accused is covered by the right in question. It has been found by the learned Judicial Commissioner, that Sultan Muhammad with a single shot from a rifle, voluntarily caused the death of one Khuban, inside the latter's kotha a small room measuring no more than about 12' x 6', at about mid-day on the 19th August 1950. They have found also that Sultan Muhammad's entry into the kotha was an act of house-trespass, and that the object of such trespass, namely, to commit adultery with Khuban's wife Mst. Sabarjan had been accomplished just before Khuban unexpectedly…

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