Law:

Section:

Penal Code (XLV of 1860)-----Ss. 97 & 101 Private defence, right of As against six witnesses examined on behalf of prosecution, accused respondents producing ten witnesses in defence as also documentary evidence, namely, extracts from records of rights, copies of Jamabandis, and a registered deed, all pertaining to disputed property showing respondents as owners in uninterrupted possession Halqa Patwari also stating land to be in possession of principal accused for some twelve years- Land also subject matter of dispute between parties for last 12 years some time before occurrence settlement arrived at and possessory rights of respondents acknowledged by complainant party Com¬plainant party, however, restarting asserting their counter claim and starting constructing a wall over land in dispute and respondents naturally objecting to such criminal trespass but complainant party not desisting One of complainant party men firing two pistol shots at one accused and one bullet hitting him on head Respondents in 'circumstances, held, wholly justified to take such measures and use such force which would be reasonably required to get criminal trespass vacated by complainant party Accused Party inflicting injuries short of death, injuries suffered by complainant party on non vital parts of their bodies, held further, not excessive and more harm than necessary not caused in circumstances. [Private defence, right of]. Sardarai and another v. The State P L D 1970 S C 212 ref. ORDER GHULAM SAFDAR SHAH, J. This petition for leave to appeal, which is directed against the judgment of Lahore High Court, dated 15 6 1976; arises in the following circumstances: The parties herein were at loggerheads with each other in regard to one kanal of land comprised in Khasra No. 733 situated in the revenue estate of Muhri Ghazan Mughalabad. Rawalpindi Cantonment. The nature of the precise dispute, which in the end culminated in the arm fight between them, was that each one of them claimed to be in exclusive possession of the said land. The prosecution case is that on 20 9 1967, at 8 a.m. Bostan (P. W. 3) alongwith his brother Manzoor (P. W. 1), Sultan (P. W. 7) and Qaim Din (P. W. 4) were…

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