Lahore: LHC acquits murder accused
LAHORE: Justice Muhammad Ahsan Bhoon of the Lahore High Court has acquitted a murder accused Ghafoor Ahmad of Sialkot by accepting his plea of self–defence and set aside his life imprisonment awarded to him by a sessions judge. The judge ruled that as Ghafoor saw his two close relatives badly injured by the deceased party, he had the right of self-defence under section 100 of the Pakistan Penal Code to attack the deceased party. As the accused proved his case that he was within his right to cause injuries to the deceased to save his near and dearer ones. Apprehension of body injury or death cannot be measured at golden scale, more particularly in this case when two very near and dear of appellant were injured and son-in-law had received firearm injury.
The defence taken by the appellate was that the deceased party had attacked his son-in-law and other relative and he took action just to save them. The judge held that the defence had proved its case of self defence.
The judge observed “It is settled law when the defence plea is proved then the prosecution case will stand shattered and discredited. According to the prosecution, Ghafoor and his accomplices Ilyas and Akram on June 24, 1995 made a murderous assault on Muhammad Afzal who received serious injuries and later died in the hospital and Sialkot police registered the case against them. The motive for the crime was said to be some property dispute. Petitioner submitted that sessions judge Sialkot on April 15, 1998 sentenced him to imprisonment for life and to pay compensation of Rs 25000 to the legal heirs of the deceased.