Law:

Section: 302, 304, 97

(a) Penal Code (XLV of 1860) S. 302 read with S. 97 Murder-Private defence, plea of-Deceased tenant in continuous possession of land in dispute and accused-landlord a trespasser No right of private defence available to accused in circumstance Deceased asking accused to desist from illegally, ploughing fields; accused in return after probable exchange of abuses causing fatal injuries on deceased-A self-sought provocation, held, could afford no mitigation in offence-Deceased had right to defend his possession but accused had no right to maintain his illegal possession. (b) Penal Cede (XLV of 1860) S. 302 read with S. 304 Murder-Sentence-Mitigation-Accused-landlord entering over and ploughing disputed fields in bona fide belief that he could occupy same after his tenant-at-will had cut crop-Accused carrying no formidable weapon with him at time of occurrence and without premeditation causing injuries to deceased in heat and excitement of moment-Accused could not be held to have caused injuries with intention of causing death in circumstances-Sentence under S. 302 altered to one under S. 304, Penal Code, 1860. JUDGMENT MUHAMMAD MUNIR FARUQEE, J.-Muhammad Khan (appellant) was convicted under section 302, P. P. C. and sentenced to death by the Additional Sessions Judge, Gujrat, on the 18th of December 1968, for having committed the murder of Muhammad Bashir, his co-villager, on the 29th of May 1967, at chhawela in the revenue estate of Mauza Ghansia in Police Station Jalalpur Jattan. District Gujrat. He has filed the present appeal to question the correctness of his conviction while the usual reference under section 374, Cr. P. C. is also before us and both these matters are being disposed of by this judgment. 2. The prosecution case, in brief, is that Muhammad Khan (appellant) was the Mauroosi owner of the land which was being jointly cultivated by Muhammad Hussain P. W. and his son Muhammad Bashir deceased as tenants-at-will under the .appellant. It was alleged that on the fateful day at about chhawela they found Muhammad Khan (appellant) ploughing this land and Muhammad Bashir (deceased) going inside the field objected to it. Muhammad Khan (appellant) abused him…