Law: Penal Code (XLV of 1860)

Section: 302, 300, 4, 96, 100

  Penal Code (XLV of 1866), S. 302 read with S. 300, Exception 4 and Ss. 96 & 100-Sudden fight--Private defence, right of-- Number of injuries sustained by complainant party--By itself no conclusive criterion to judge whether part Played by accused was cruel or uncruel--Complainant party giving cause annoyance to accused persons and on their taking exception to their obnoxious act, inching attack with formidable weapons-One on complainant's losing life and accused persons receiving injuries in ensuing fight--Accused, held, had a right of self-defence, in circumstances ---Convictions and sentences set aside. Dates of hearing: 16th, 17th and 18th August 1972.                                                                                                               JUDGMENT This judgment will dispose of Criminal Appeal No. 594 of 1969 filed by appellants Allah Rakha son of Muhammad Sharif; (2) Muhammad Siddiq son of Allah Ditta, (3) Mohabbat Ali son of Muhammad Siddiq and (4) Natha son of Muhammad Sharif caste Jat, residents of Kachi Abadi, Ghorey Shah, Lahore. Appellant Muhammad Siddiq has a brother Muhammad Sharif whose sons are Allah Rakha appellant No. 1 and Natha appellant No. 4. Appellant No. 3 is son of appellant No. 2. They have been convicted by the learned Sessions Judge, Lahore for various offences by means of his judgment and order, dated 31-7-1969. Appellants Nos. 1 and 3 have been convicted under section 302/34, P. P. C. and sentenced to transportation for life each. All the accused have also been convicted under section 325/34, P. P. C. on three counts for causing injuries to Muhammad Yusuf (P. W. 13), Ghulam Muhammad (P. W. 14) and Mst. Mehtab Bibi (P. W. 16) and sentenced to two years' R. r on each of these counts. The sentences are to run concurrently. 2. The prosecution case is that in the Kachi Abadi of a locality known as Ghorey Shah in Lahore at about…