Law: Penal Code (XLV of 1860)

Section: 302, 304, 100

Penal Code (XLV of 1860) S. 302 read with S. 304, Part I & S. 100-Murder-Free fight-Private defence, right of-Accused while rounding up cattle of opposite-party trespassing into his field offered resistance by opposite-party-Clash between parties resulting in injuries on both sides-Accused, however, giving a spear blow to deceased on his back piercing him through and through Accused, held, not being faced by deceased exceeded his right of self-defence in circumstances-Conviction under S. 302 altered to one under S. 304, Part I, Penal Code, 1860. Date of hearing : 10th October 1966. JUDGMENT BASHIRUDDIN AHMAD, J.-Anwar aged 44, Ismail aged 26, Ghulam Hussain aged 17, Asghar aged 32, Ashiq aged 26, Sarwar aged 51, Sadiq aged 31, Walayat aged 28, Sheeda aged 31, and Shah Muhammad aged 33 years, were placed for trial on charges under sections 148, 302/149 and 307/149, P. P. C. before the learned Additional Sessions Judge, Lahore, who acquit ted Ghulam Hussain, Ashiq, Sarwar, Asghar, Sadiq and Ismail of all the charges but convicted Anwar under section 302, P. P. C. for causing the death of Muhammad Hassan on the 6th of June 1962, at fajarwela in the area of village Badroo and sentenced. him to suffer death. Walayat Shah Muhammad and Sheeda were held guilty under section 325/34, P. P. C. for causing grievous hurt to Akbar Ali P. W. and each one of them was sentenced to undergo rigorous imprisonment for a period of one year. The condemned person filed Cr. A. No. 352 of 1965; while the persons convicted under section 325/ 34, P. P. C. appealed separately (Cr. A. No. 364 of 1965). The learned Additional Sessions Judge, also referred the case under section 374, Cr. P. C: to this Court for confirmation of the death sentence passed on Anwar. We propose to dispose of the appeals and the reference by. a single judgment. 2. The prosecution story, briefly narrated, is that Akbar Ali P. W. was in possession of a piece of Shamilat land on which he had constructed a kotha which he used for tethering cattle. Sometime before the occurrence; which is the subject matter of this case, Akbar Ali and his son Muhammad Hassan began enclosing the open space adjoining the kotha to…