Law: Penal Code (XLV of 1860)

Section: 300, 304, 103

Penal Code (XLV of 1860), S. 300, Exception 2 and S. 304, Part 1 read with S. 103-Culpable homicide Private defence of property, right of - Complainant party carrying weapons used for cutting cares appearing at cane bush belong ing to accused party and despite protest of accused party starting cutting canes- Confrontation between both parties leading to hurling of weapons by ore accused from a distance of '0-ZS cubits causing death of a person of complainant party. Accused party, in circumstances, held, legitimately resisted to maintain their possession and entitled to claim right of private defence of property-Accused hurling sharp-edged weapon and Causing death of one of complainant party, however, having exceeded right giver to him by law but not having deliberately aimed at vital part of body of deceased culpable homicide, in circumstances, held, not amounted to murder an offence fell under S. 304, Part 1. Dates of hearing : 13th and 16th June 1969. JUDGMENT T. H. KHAN, J. This is an appeal at the instance of four appellants against the order of conviction and sentence passed by the learned Additional Sessions Judge, Sylhet. The appellant No. 1 Joy Kumar Das has been convicted under section 302 of the Pakistan Penal Code and has been sentenced to transportation for life, he has also been convicted under section 148 of the Pakistan Penal Code, but no separate sentence has, however, been awarded thereunder. Appellant No. 2 Raj Kumar Das has been convicted under section 148 of the Pakistan Penal Code and has been sentenced to pay a fine of Rs. 203 in default to suffer rigorous imprisonment for six months ; lie has also been convicted under section 324 of the Pakistan Penal Code but no separate sentence has been awarded thereunder. Appellants Nos. 3 and 4 Abdur Rahman and Usman Khan respectively have been convicted cinder section 148 of the Pakistan Penal Code and have been sentenced to pay a fine Rs. 200 each in default to suffer rigorous imprisonment for six months each. The occurrence appears to have taken place over the cutting of canes from the cane bush situated on the southern side of village Karnagaon, P. S. Darai, which admittedly, belonged to…