| Case ID |
03e22a73-8d91-4bfb-8221-8e2a54d9204c |
| Body |
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| Case Number |
Criminal Appeal No. 394 of 1970 |
| Decision Date |
Jan 25, 1971 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the conviction and sentence against the appellant were set aside. The learned Sessions Judge had misdirected himself by not considering the right of private defense available to the appellant under sections 100 and 103 of the Pakistan Penal Code. The appellant acted within the limits of self-defense when he fired a shot at the deceased, who was armed and fleeing with stolen property. The court found that the appellant did not intend to kill the deceased but acted to protect his property and himself. The appellant was found not guilty of the offense and was discharged from bail. |
| Summary |
In the case of Sindh High Court's Criminal Appeal No. 394 of 1970, the appellant, Sher Ali, was convicted for an offense under section 304, Part I, P.P.C., leading to a five-year sentence and a fine. The incident involved the shooting of Arz Muhammad, who was attempting to escape after committing theft in the appellant's house. The court examined the circumstances and determined that the appellant had a right to private defense, as the deceased was armed and posed a threat. The judgment emphasized the importance of self-defense laws, particularly sections 100 and 103 of the Pakistan Penal Code, which protect individuals acting to defend their lives and property. The case highlights key legal principles surrounding self-defense and the justification for using lethal force when threatened. The appeal was allowed, marking a significant decision in the interpretation of self-defense rights in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
GHULAM RASOOL K. SHAIKH, J
|
| Lawyers |
|
| Petitioners |
Sher Ali
|
| Respondents |
The State
|
| Citations |
1971 SLD 799 = 1971 PCRLJ 956
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
304,
100,
103
|