Law: Penal Code (XLV of 1860)

Section: 97, 302, 147

  (a) Witness ----Evidence - Murder trial - Witnesses related inter se as well as to deceased-Partisan-Evidence could not be relied upon unless substantially corroborated by independent evidence. (b) Penal Code (XL V of 1860), ----S. 97-Private defend, plea of Both parties coming to place of occurrence fully prepared; engaging in pitched battle; freely using weapons, injuring members on both sides and killing one on complainant's side-Neither party, held, could claim right of private defence in circumstances. (c) Penal Code (XLV of 1860), ---S. 302/149 read with Ss. 302 & 304-Murder-Sentence-Free fight-Accused giving one hatchet blow on head of deceased causing his death Such injury sufficient to cause death in ordinary course of nature Accused presumed in circumstances to have intended to commit murder-Offence fell under S. 302-Case, simply because it eras one of free fight, would not necessarily fall under S. 304, P. P. C. Incident not one-sided and accused also sustaining injuries-Sentence reduced from death to that of transportation for life. (d) Penal Code (XLV of 1860), ---Ss. 302 &323-Murder-Accused arriving at scene of occurrence after murder and giving injuries to prosecution witnesses with sotis only-Guilty under S. 323; Penal Code, 1860. Date of hearing: 1st July 1969. JUDGMENT M. HAYAT JUNEGO, J.-Bostan Khan son of Sultan Khan aged 30 years, Sardar Khan son of Sultan Khan aged 45 years, Muhammad Latif son of Ghulam Rasool aged 26 years, Ghulam Rasool son of Noor Alam, aged 65 years, Muhammad Rafiq son of Ghulam Rasool aged 32 years, Atta Muhammad son of Jaffar Khan , aged 35 years, Hidayat Ali son of Jaffar Khan aged 25 years, Muhammad Khan son of Noor Hussain aged 35 years and Saif Ali son of Hassan Muhammad aged 25 years, were tried by the learned Sessions Judge, Jhelum for offences under sections 148, 302, 149 and 307/149, P. P. C. for committing murder of deceased Abdur Rahman murderous assault on P. Ws. Ahmad Khan, Muhammad Zaman, Sultan Muhammad and Muhammad Nawaz and for committing riot ing on 28th October 1967, after sun rise - near Dhoke Chaniala within the area of village Domeli, District Jhelum. By his judgment dated 8th…