Law: Penal Code (XLV of 1860)

Section: 302, 304, 100

(a) Penal Code (XLV of 1860) S. 304, Part II read with S. 100-Murder-Free fight-Right of private defence-Cannot be successfully invoiced by accused voluntarily and deliberately engaging themselves infighting. (b) Penal Code (XLV of 1860) S. 304, Part II & S. 302 Murder-Sentence-Fatal injury to deceased given by accused Normal conviction should be under S. 302 and not under S. 304, Part II, Penal Code, 1860-High Court, however; declined to interfere with conviction since State did not appeal against acquittal of accused under S. 302 and accused remained in jail as under trial prisoner for more than 6 years. Date of hearing : 24th June 1970.   JUDGMENT Abdul Hamid (28) resident of Chak No. 161 G. B., Police Station Toba Tek Singh was committed to the Court of Session along with his two brothers Nawab alias Babu (30) and Muhammad Hand (26) under section 302 read with section 34 and 323 read with section 34 of the Pakistan Penal Code for allegedly committing murder of one Ghulam Farid, their co- villager and causing simple hurt to his father Baru (P. W. 9) and his brothers, Muhammad Siddique (P. W. 10) and Rash id (P. W. 11) on the morning of 22nd June 1964, in the area of Chak No. 161 G. B. They were tried by Mr. Abdul Alim Dareshani. II-Additional Sessions Judge, Lyallpur. Abdul Hamid was convicted under section 304, Part (if) of the Pakistan Penal Code and awarded a sentence of sever: years rigorous imprison ment. Ha was also fined Rs. 1,000.00, hair of which was directed to be paid to the heirs of the deceased is compensation under section 544-A of the Criminal Procedure Code. In default of the payment of fine he was directed to undergo further rigorous imprisonment for a period of one year. His brothers; Muhammad Hanif and Nawab alias Babu were acquitted. The convict has cone up in appeal, bearing No. 56 of 1966. He has also been convicted under section 19 of the Arms Act and awarded sentence of two years rigorous imprisonment with regard to which he has filed Criminal Appeal No. 55 of 1966. This judgment shall dispose of both the aforesaid appeals. . 2. The facts of the case briefly are, that Baru (P. W, 9) was allotted 7 killas of land in Square No.…