Law: Penal Code (XLV of 1860)

Section: 99, 300, 302

(a) Penal Code (XLV of 1860) S. 99-Private defence, right of-Offence allegedly committed by several accused Each accused responsible for his own individual act-Right of, private defence existing--All accused cannot be vicariously liable for each one's action. (b) Criminal trial Cross examination-Prosecution case being that accused N did not give any blow to deceased-Suggestion in cross-examination that accused N and other accused M both gave blows to deceased in self-defence-Questions put in cross-examina tion Not at par with admission by accused-Careless question by counsel, held, cannot lay foundation for conviction-Conviction to be made on basis of prosecution evidence. (c) Penal Code (XLV of 1860) S. 99 Private defence, right of Complainant party trespassing on land in lawful possession of accused Accused causing simple injuries on persons of trespassers-Accused, held, acted in exercise of his right of self-defence and acquitted. (d) Penal Code (XLV of 1860) S. 99 read with S. 300, Exception (l)-Culpable homicide--Complainant party trespassing on land lawfully possessed by accused---Accused receiving a small contusion on thumb and circumstances not revealing existence of genuine apprehension of any grievous hurt at trespasser's hands----Accused, in circumstances could not go to extent of causing fatal injuries on deceased's head and exceeded his right of self-defence-Accused, held, guilty of culpable homicide not amounting to murder-Conviction altered from one under S. 302 to one under S. 304, Part I. Date of hearing: 9th May 1972.                                                                                                                           JUDGMENT The two appellants namely, Mithu and Nura who are uterine brothers Inter se, were tried along with seven others by Mr. Muhammad Arahad, Sessions Judge, Muzaffargarh, for offences under…