Case No.:

AC-CP-I36-1962

Court:

The High Court of Justice

Issue No.:

1962

Principles

·  Criminal Law—Culpable homicide—Exceeding right of private defence—Penal Code, S. 249 (2)—Killing in defence of property

In defending the property of his neighbour accused stabbed deceased three times in vital parts with a spear, intending to kill deceased. Although within his right in defending his neighbour’s property by attempting to arrest deceased, the third stab to a vital part indicates that accused exceeded his right of defence [ Code, S. 249 (2)], and is guilty under Penal Code s. 253.

Judgment

(MAJOR COURT CONFIRMATION>

SUDAN GOVERNMENT v. MAHMOUD ABDALLA EL MALIK

AC-CP-I36-1962

M. A. Abu Rannat C.J. April 12, 1962: —On the night of the incident, the deceased entered the house of a woman, by name Khamisa Abdalla, and stole some clothes and household utensils. Khamisa Abdalla found the deceased inside her house, and when he saw her, he started to run away carrying with him the stolen property. Khamisa Abdalla raised hue and cry, and the accused, who was Khamisa’s neighbour, took his spears and ran in pursuit of the thief. When the accused was about to overtake the deceased, the latter stabbed the accused on the upper lip. Then accused threw one of his spears at deceased, which stuck in his back. The deceased attempted to attack the accused, and the latter stabbed him with a spear in the arm-pit and also in his side between the ninth and tenth ribs. The deceased collapsed and died on the spot following these stab wounds.

It is clear from these facts that accused stabbed the deceased three times on vital parts of his body and thereby caused his death, and it is also clear from the nature of the wounds and the weapon used that the accused intended to cause deceased’s death. Prima facie accused committed murder, but I think he is entitled to the benefit of Penal Code,

S. 249 (2).

When the accused speared the deceased, he was within his right by acting in exercise of the right of private defence against hi own person and the property of his neighbour Khamisa Abdalla. He was’ entitled by law to recapture deceased and arrest him, but after the two stab wounds, he exceeded his right of private defence by spearing him for the third time.

I therefore confirm the finding for the reasons stated in this note.

The sentence

I think eight years is adequate and I alter the sentence accordingly.