Law: Penal Code (XLV of 1860)

Section: 302(B),34,97,100

Penal Code (XLV of 1860)--- ----Ss.302(b), 34, 97 100---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Right of private defence of the body extending to cause death---Scope---Accused were charged for committing murder of brother of the complainant---Motive behind the occurrence was illicit relation of deceased with daughter of accused---Record showed that the deceased died because of a fatal blow, which was inflicted on his head by accused and a danda was later on recovered on his pointation from his house---Presence of co-accused had not been shown in site inspection report and no recovery had been effected from any of the co-accused---Presence of acquitted accused had not been shown in the site plan, however, entry into the house of accused by the deceased was not justified and the inmates of the house were fully justified to defend the privacy of their house---Final police report showed that the entry of deceased into the cattle shed was with ill intentions---Said facts remained completely unattended and it was the own case of the prosecution and prosecution could not back out from their version, because for all intent and purpose, the final police report was the gist of the prosecution case---Accused was well within his right to safeguard the privacy of Chadar and Chardewary---In such circumstances, case was one which squarely fell under S.302(c), P.P.C. and conviction under S.302(b), P.P.C., was not justified---Circumstances established that the prosecution failed to connect the co-accused with the alleged offence beyond any shadow of doubt---Appeal up to the extent of co-accused was allowed and they were acquitted by setting aside the conviction and sentences recorded by the trial court---Sentence/conviction of accused was altered from Ss. 302(b), P.P.C. to 302(c), P.P.C. and his sentence of imprisonment for life was reduced to ten years---Appeal was disposed of with said alteration in sentence. 1968 SCMR 18; 1993 PCr.LJ 1616; 1994 PCr.LJ 1901; 2008 PCr.LJ 1153 and 2011 PCr.LJ 357 ref. PLD 2015 SC 77 rel. JUDGMENT MALIK HAQ NAWAZ, JUSTICE:---.--- Since Criminal Appeal No.41/2017, Criminal Appeal No. 49/2017 and Criminal…

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