Law: Penal Code (XLV of 1860)

Section: 99, 100

Penal Code (XLV of 1860) Ss. 99 & 100 read with S. 302-Self-defence, right of Injuries received by accused not indicating that he apprehended danger to his life-Injuries given to deceased by accused sufficient to cause death in ordinary course of nature-Accused, held, far exceeded his right of private defence in circumstances-Conviction under S. 302 altered to one under S. 304, Part I, Penal Code, 1860.   JUDGMENT MUSHTAQ HUSSAIN MUNIR, J.-Shah Nawaz (25), Muhammad Iqbal (26), Muhammad Daurez (50) and Muhammad Ashraf (30) were tried by the learned Sessions Judge, Jhelum, under section 302, read with sections 34 and 307, read with section 34 of the Pakistan Penal Code for the murder of Nakhra deceased and murderous assault on the person of Khuda Bakhsh alias Bakhshu (P. W. 12), in furtherance of their common intention. All the four appellants were convicted under section 302, read with section 34, P. P. C. and sentenced to death. Shah Nawaz, Muhammad Ashraf and Muhammad Daurez were also convicted under section 307, read with section 34, P. P. C. and sentenced to transportation for life each. It was directed that the sentence of transportation for life, awarded to the last mentioned three appellants, would take effect only, if the sentences of death awarded to them, were not confirmed. The appellants have come up in appeal and he case is also before us on a reference under section 374 of the Criminal Procedure Code for the confirmation of death sentence. The appeal and the reference shall be disposed of by this judgment. 2. Muhammad Ashraf and Muhammad Iqbal appellants are real brothers, while Shah Nawaz appellant is their step-brother and Muhammad Daurez is their first cousin. 3. Nakhra deceased and Khuda Bakhsh P. W., who were the servants of Muhammad Akbar Lambardar (P. W. 8) were sent by the latter to his fields situated at a place known as Andra Jharma within the area of village Ghugh on 18th July 1967, at about digerwela, to fetch fodder for the cattle. When they reached a place known as Bahra Jharma, the four appellants emerged from a khuddar. Muhammad Iqbal was armed with a spear, while the remaining appellants were carrying hatchets. Muhammad…