Law: Penal Code (XLV of 1860)

Section: 300 , 426

JUDGMENT

In a nutshell, Muhammad Rafique appellant was tried along with his father Abdul Hameed for the murder of Mazhar Ali d sed under section 302/34 said to have been committed by them in furtherance of common intention on the allegations that the appellant had at 10/11-00 p.m. on the night of incident taken the deceased from Hujra f one Sher Rehman on the pretext that the appellant had some business with the deceased. Riaz Hussain and Rafaqat Hussain (P. W. 6/7) who were also present in the Hujra accompanied the appellant and the deceased to the house of the former. The father of the appellant was already inside the house and exhorted the appellant to do away with the deceased, for he had brought insult to them. The appellant and his father caused one injury each to the deceased in the chest and abdomen with chhuris. The appellant as well as his father repudiated the charge as false. However, the appellant admitted that he had stabbed the deceased with a different version that the .deceased had tress passed into his house at midnight to commit rape on his wife Mst. Zareena. Ire had killed the deceased in exercise of his right of private defence of body.