Legal Minds

  PRIVATE DEFENCE RIGHT OF   [Sections 96 To 106, P.P.C.] Essentials to be proved for right of private defence are. (1) It was the other party who opened the attack; (2) Party taking the plea also suffered injuries; and the essential thing is to ascertain as to who was the aggressor and whether the accused used more violence than was necessary. 1987 SCMR 385 Kala. Accused not to prove defence version beyond reasonable doubt. If the defence version has reasonable possibility of being true. High Court accepted plea of self defence when there was possibility of cross firing, the appellants may have fired in self-defence. (D.B) PLJ 1996 Cr.C. (Pesh) 1265, Alam Khan. Right of defence of person and property is available in the case of Qatl-i-Ahmad, rather it is obligatory for a Muslim to avail of the right as duty. Held, accused rightly acquitted. PLJ 1991 Cr.C. (Pesh.) 423. Ziarat Khan v. Khadim Hussain. Receiving injuries by the accused is not necessary for the exercise of right o...