Case No.:

AC-CP- 140- 1956

Court:

Major Court Confirmation

Issue No.:

1961

Principles

·  Criminal Law—Penal Code, s. 55 killing in private defence

After deceased and three companions raided accused’s herd and stole cattle deceased plunged his Spear into hut where accused slept with his family and so injured accused’s head. Accused then stabbed the deceased to
was convicted of culpable homicide not amounting to murder under Penal Code, s. 253.
Held: Because in killing deceased, accused was repelling an attack which caused reasonable apprehension of death or grievous hurt, he acted in the lawful exercise of the right of private defence under Penal Code. s. 55, and must be acquitted

Judgment

(MAJOR COURT CONFIRMATION)

SUDAN GOVERNMENT v. ISMAIL BUSHARA

AC-CP- 140- 1956

.

M. A. Abu Rannat C.J. July 15, 1956 facts in the Summary of Salient Facts are proved beyond reasonable doubt. The accused pleads the right of private defence. The facts are shortly these:

In the early hours of the morning, while the accused and his people were asleep, the deceased and three of his companions raided their herd and took by force cattle and a mare belonging to the accused. The three companions drove the cattle in front of them and went. The deceased went to the grass hut where the accused and his wife were fast asleep. He was carrying a broad bladed sharp spear and started to plunge it into the grass hut until he caused slight injury to the accused’s head. He also insulted the accused by cursing him in a loud voice and challenged him to come out. The accused took his knife and went out of the hut. He met the deceased in the dark and stabbed him several times until the deceased died on the spot. The accused’s life was then at great risk.

I think the accused acted within his right of private defence under Sudan Penal Code, s. 55. The deceased and his companions were robbers. The accused was entitled to cause death because the act to be repelled was, an attack which caused reasonable apprehension of death or grievous hurt. Admittedly the accused stabbed the deceased indiscriminately, but any person who was in his position could not do otherwise.

I have, therefore, refused the confirmation of the finding of guilty under Sudan Penal Code, s. 253, and direct that the accused be set at liberty forthwith.

The case was well tried.