Law:

Section:

(a) Witness' being relative of victim of crime-Not by itself enough to discard evidence.The mere fact that a witness is related to the victim of a crime is no ground for discarding his statement unless there be some good reason for doing so. Rather it would be the desire of such a witness to see that the real culprit is brought to book. (b) Penal Code (XLV of 1860), Ss. 99, 104-Exceeding, deliberately, right of private defence of property-Accused res­ponsible for harm or injury caused. To hold that when the three appellants who were heavily armed caused fatal injuries to a prostrate man they were either exercising the right of private defence of property (against criminal trespass on land) or were merely exceeding it would be to ignore the provisions of law, because if a person intentionally causes more harm than is necessary for the purpose of defence and offends against section 99 of the Pakistan Penal Code, he cannot be said to be exercising that right. On the other hand he is guilty, as in this case, of murder, notwithstanding the fact that when a person is using force to avert harm he cannot be expected to be meticulous about, the limits which the law imposes on the right of private defence. (c) Penal Code (XLV of 1860), Ss. 34 and 107-Pre­conceived plan not necessary to bring case under S. 34-Common intention may develop at spot-Even if common intention not borne out by facts, accused may be taken to be aiding one another in crime-Abetment. Even if evidence, direct or circumstantial, about a pre-concerted plan was not available, section 34 of the Pakistan Penal Code may apply as the accused could be held to have at the spot formed a common intention to do the deceased to death. Even if section 34 was not applicable, the accused were guilty of abetment under section 107 Pakistan Penal Code inasmuch as they were aiding one another in crime which resulted in the death of the victim. JUDGMENT SHABIR AHMAD, J.---An incident, which occurred in Khasra No. 3163 of village Ikhlas in the District of Campbell­pur at about 10 a. m. on the 12th of August, 1953, resulted in Subedar Nawab Khan receiving a very large number of injuries of which he died at the spot. A…

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