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 3rd April 1967, in Criminal Appeal No. 529 of 1964).   Penal Code (XLV of 1860), ------- -----S. 302/34 read with S. 100 Murder trial-Self-defence, right of-Party in concerted action making deliberate attack on another and latter defending itself Difficult in circumstances for latter to choose between assailants for degree of harm that may be caused to each one of them separately to ward off individual harm intended by each one of other party-Shots fired by accused party in thick of assault in order to save themselves from surprised onslaught of other party-Argument that since deceased was fired at on back of shoulder deceased was fired at when on retreat and so right of private defence of person did not accrue, held, unsatisfactory and inconclusive-Firing of shot at deceased even if from behind would not impair plea of right of self -defence in circumstances. Date of hearing : 15th April 1970. JUDGMENT SAJJAD AHMAD, J.-Ahmad Nawaz appellant was tried jointly along with one, Bakhsha, who was stated to be his friend, for causing the murder of Nusrat son of Sanatta (section 302/34, P. P. C.) and also for attempting on the lives of P. W. Nusrat son of Sahib and P. W. Amir (section 307/34, P. P. C.-two counts). The trial Judge convicted Ahmad Nawaz alone for the murder of Nusrat and sentenced him to transportation for life. He was further held guilty on the charge of attempted murder of Nusrat P. W. and sentenced to life imprisonment on that count also. The sentences were made to run concurrently. Bakhsha was held responsible for the attempt on the life of Amir and sentenced to rigorous imprison ment for a period of ten years. Section 34 was not applied to their cases and each was held guilty of his own individual act, that is to say, Ahmad Nawaz for causing the murder of deceased Nusrat son of Sanatta and for causing a fire-arm injury to Nusrat son of Sahib in an attempt to kill him. Bakhsha was convicted for having ineffectively fired at P. W. Amir and was absolved of the responsibility of causing fatal injury to Nusrat son of Sanatta and of the murderous assault on…