Law: Penal Code (XLV of 1860)

Section: 302, 34

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 26th May 1967, in Criminal Appeal No. 714 of 1965). (a) Penal Code (XLV of 1860), ------ ------S. 302/34 read with S. 100 Murder trial-Grave and sudden provocation-Self-defence, right of-Altercation over flowing of water taking place between com plainant and accused party in the morning but accused all of a sudden opening attack on complainant party at degarwela-Plea of self -defence and grave and sudden provocation, held, not available to accused in circumstances. (b) Penal Code (XLV of 1860), ----- -----Ss. 302 & 34-Murder Vicarious liability-Some accused assaulting complainant party with lathis and others with hatchets-All accused found to have had common intention to teach lesson to complainant party-One of complainant party receiving fatal injury inflicted by two accused-All accused, held, vicariously liable for injuries caused to deceased. Dates of hearing : 6th and 7th May 1970. JUDGMENT WAHIDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of a learned Single Judge of the High Court of West Pakistan, Lahore, in Criminal Appeal No. 714 of 1965 dated the 26th May 1967. By this judgment the conviction and sentence passed on Ilam Din, Khair Din, Hakam and Akram under section 148, P. P. C. was set aside. They were convicted for the murder of Jhanda under section 302/34, P. P. C. and each one of them was sentenced to transportation for life. They ware also convicted under section 326/34, P. P. C. to suffer rigorous imprisonment for a period of two years for the injuries to Ahmad Din. They were further convicted under section 323/34, P. P. C. for caus ing injuries to Fateh Muhammad and Jamil and sentenced for a period of six months' R. I. The sentences were ordered to run concurrently. The prosecution story is that on the 25th July 1964, Fateh Muhammad P. W. 13, and Jhanda deceased made a cut in the common banna of fields Nos. 382 and 380 in order to drain out the rain water collected in field No. 383 which was under their cultivation as they wanted to prepare the land for the sowing of paddy. Field No. 380 was in the possession of…