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ASHIQ ALIAS ASHO versus THE STATE


The Pakistan Penal Code Section 307 alleges that a knife was struck in the waist of a person with a knife which, for cautious reasons, was denied by the courts for defense.

1968 P Cr. L J 1860 (1)

[Supreme Court]

Present: Fazal-e‑Akbar, C. J. and Sajjad Ahmad, J

ASHIQ alias ASHO‑Petitioner

Versus

THE STATE‑Respondent

Petition for Special Leave to Appeal No. 187 of 1968, decided on 25th June 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 15th April 1968, in Criminal Appeal No. 285 of 1967).

Penal Code (XLV of 1860),

S. 307‑--Accused stabbing the back of a person with knife‑--Plea of self‑defence negatived by Courts below for cogent reasons‑‑Conviction in circumstance under S. 307 held correct‑Special leave to appeal refused by Supreme Court.

Ghulam Mohyuddin, Advocate Supreme Court instructed by S. Wajid Hussain, Attorney for Petitioner.

Nemo for the State.

Date of hearing: 25th June 1968.

JUDGMENT

FAZAL-E‑AKBAR, C. J.‑

‑‑The petitioner stands convicted under section 307 of the Pakistan Penal Code and sentenced to rigorous imprisonment for seven years. He has also been convicted under section 13 of the Arms Ordinance.

The fact that this petitioner inflicted injuries on Jalal Din with a knife has been amply established by the eye‑witnesses and we are, therefore, of the opinion that his convictions on the afore‑said charges are not open to any exception. In our opinion, his plea of self‑defence has also been rightly rejected by the Courts below. He had stabbed on the back of Jalal Din's chest with a knife and hence the contention that the offence would not fall within section 307 cannot be accepted.

For the reasons stated above we sec no ground for interference and, accordingly, dismiss this petition.

Leave refused.

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