Law:

Section:

(a) Penal Code (XLV of 1860)------Ss. 100/302(b)/148/149---Right of private defence, qatl-e-amd, rioting armed with deadly weapons, unlawful assembly---Reappraisal of evidence---Right of private defence of the body extending to causing death---Scope---Allegation against the accused was that he murdered the deceased due to a property dispute and resorted to aerial firing along with co-accused, resulting in injuries to several prosecution witnesses---Contentions of the accused were that the complainant party tried to take forcible possession of the disputed property and started to beat his wife and daughters, therefore, the accused while exercising his right of self-defence fired at the deceased; that the evidence on basis of which he was convicted and sentenced had been disbelieved qua the involvement of the co-accused; that prosecution had failed to prove motive against the accused, and that the eye-witnesses had made improvements while appearing before the Trial Court---Validity---Deceased and others came to the house of the accused and there was confrontation between the parties, but there was no evidence that the complainant party was fully armed and came to the house to cause trouble---Only allegation against the complainant party was that it had come to the spot to take possession of the disputed property and started beating the wife and daughters of the deceased, therefore, case of the accused did not fall within the ambit of S.100, P.P.C., as no evidence had come on record to suggest that complainant party came fully armed to cause trouble---None of the women folk or the females who had allegedly been given a beating by the complainant party had been produced during the investigation---Despite lengthy cross-examination all the witnesses had made consistent statements with respect to the role ascribed to the accused and their statements were fully supported by the medical evidence---Weapon of offence had been recovered from the accused and empties had also been recovered from the spot-­--Empties had been sent to the Forensic Science Laboratory and the report submitted by the Laboratory was in positive--- Case of the prosecution was on sound footings qua…

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