Private Defence, Plea of
Private Defence, Plea of legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
- S. 100-Private defence, plea of-Plea of self-defence- Can be raised at, various stages-Defence plea contained in statements of accused, suggestions in and trend of cross-examination, and defence evidence Plea of self-defence, held, clearly deducible from all such elements Accused party further shown to have also prosecuted complainant party for having attacked them-Contention regarding failure of accused party to have not taken plea of self-defence, held, incorrect.[Private defence, right of].
S. 100-Private defence, plea of-Accused not specifically raising plea of self-defence nor producing any evidence in defence-Possibility of any "reaction" on prosecution case-Altogether excluded in circumstances-Rule that even if plea of self-defence fails Court has duty to take into account all facts appearing on record, held, not applicable in circumstances.
Not raised at the earliest opportunity-Effect.
"Private Defence, Plea of", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/15184
Precedents & Case Laws citing "Private Defence, Plea of"
1972 S C M R 271
MUHAMMAD AFZAL‑Petitioner Versus THE STATE‑Respondent
Court: High Court1981 P C r
RASHID — Appellant Versus THE STATE — Respondent
Court: Lahore1982 P Cr
ABDUL KARIM‑Appellant Versus THE STATE‑Respondent
Court: Lahore1984 M L D 1492
LABHA MASIH — Appellant Versus THE STATE — Respondent
Court: Lahore1987 M L D 1804
MUHAMMAD SALEEM — Appellant Versus THE STATE — Respondent
Court: LahoreP L D 1979 Lahore 757
GHULAM HAIDER-Appellant Versus THE STATE-Respondent
Court: -- S. 302 read with S. 100-Private defence, plea of-Nothing on record to show that accused was at all threatened with any assault, causing apprehension of death or grievous hurt entitling him to exercise of right of private defence-Facts on contrary showing that accused got himself armed with a churra and thus taking unlawful advantage of his position indulged in a most cruel and gruesome act in attacking and killing three unarmed persons-No right of private defence at all, held, accrued in favour of accused-Conviction and sentence of death maintained, in circumstances.-Private defence, right of.1969 S C M R 828
NAZARA (NAZAR MUHAMMAD)‑Appellant Versus THE STATE‑Respondent
Court: High Court1987 S C M R 293
FAQIR MUHAMMAD alias FAQIR ALI‑‑Petitioner Versus THE STATE‑‑Respondent
Court: High Court1982 P Cr
ZAHFRAN‑Appellant Versus THE STATE‑‑Respondent
Court: PeshawarP L D 1981 Karachi 184
MEENHON AND ANOTHER‑Appellants Versus THE STATE‑Respondent
Court: S. 302 read with S. 100 ‑ Murder ‑ Private defence, plea of Accused not content with chopping off head from body but inflicting other grievous injuries on deceased‑Deceased, held, done to death by persons with full vengeance and not by persons who wanted to ward off any attack in self‑defence‑Plea of private defence, repelled, in circumstances.‑Private defence, right of.