AIR 1941 LAHORE 81

Lahore High Court

Hon'ble Judge(s): Young , C.J. AND Tek Chand , J

(A) Penal Code (45 of 1860) , S.97, S.99— M having gone to certain house with intention of committing of fence discovered and pursued by A and G - M killing A - G trying to catch held of M but killed by M - Right of private defence held did not arise to justify killing of G by M. M who had gone to certain house with the intention of committing an offence was discovered and was pursued by A and G. A was killed by M and when G tried to catch held of M, he was also killed by M: Held that when M had killed A the right of arrest at that moment would arise. G was exercising that right and the right of self-defence therefore would not then arise to justify the killing of G by M. The killing of G therefore amounted to murder.(Para 82C2) (B) Penal Code (45 of 1860) , S.97— M going to house of deceased with intention of committing offence and using his dagger if discovered - M discovered and pursued by deceased - M killing deceased with dagger - M held could not be said to have right of private defence. One M went to the house of the deceased to commit an offence; he knew that the men of the family of the deceased might discover him, and M went prepared for this eventuality. M went armed to this adventure with every intention of using hi....