Law:

Section:

(a) Penal Code (XLV of 1860)--- Ss. 302, 325 & 323-Murder trial-Appeal against acquittal-­Accused's presence deposed to by two injured prosecution witnesses-­Eye-witnesses implicating accused but none witness addressed sugges­tion of any one of accused not being present at scene of occurrence-Accused's presence corroborated by his production of spear stained with human-blood-Medical evidence and some accused admitting injury to be caused by spear-Accused, held, committed attributed act. (b) Penal Code (XLV of 1860)- ----Ss. 302, 304(1) & 100-Murder-Private defence, right of-Com­plainant party unarmed, all injuries on complainant's side with one person killed and another sustaining fracture in his arm-None injured on accused's side-Accused though having right of private defence of person in circumstances of case yet, held, exceeded such right by putting spear into deceased's abdomen-Accused convicted under S. 304(I) in circumstances and sentenced to 7 years' R. I. JUDGMENT SALAHUDDIN AHMED, J.-This appeal, by special leave, is from the judgment and order of a Division Bench of the erstwhile High Court of West Pakistan, Lahore, acquitting respondents Nos. 1 to 4, namely, Boota, Muhammad Sharif, Muhammad Hanif and Muhammad Hussain, of the charges framed against them. Leave was granted to examine the question whether the respondents were entitled to raise the plea of self defence, and also to re-examine the entire evidence in order to see what offence, if any, was committed by the respondents. Earlier the respondents had been convicted and sentenced by the learned Sessions Judge in the following manner:--- Respondent No. 1, Boota under section 302 of the Code to death. Respondent No. 2, Muhammad Sharif under section 325 of the Code to rigorous imprisonment for two years. Respondent No. 3, Muhammad Hanif under section 323 of the Code to rigorous imprisonment for one year. Respondent No. 4, Muhammad Hussain under section 323 of the Code to rigorous imprisonment for one year. The prosecution case was that on the 14th of July 1967, at Peshiwela Muhammad Din, brother of Shah Din and an employee of P. W. Muhammad Hanif, had left loose the cattle of P. W. Muhammad…

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