Law: Evidence Act, (1 of 1872)

Section: 45

Law: Penal Code (XLV of 1860)

Section: 30, 97, 302, 34, 300(1)

(a) Criminal trial-Expert evidence -Recovery-Recoveries of cartridges from spot and production of crime gun before police taking place same day and despatched to expert simultaneously- No sanctity, held, could be attached to such recoveries even If posi tive report were produced, which, however, appeared to have been withheld-Evidence Art (I of 1872), S. 45. (b) Penal Code (XLV of 1860), S. 30-Private defence, right of---Dispute originated over turn of water-Turn not establish ed by any party-Right of private defence not available to accused in circumstances-Penal Code (LXV of 1860), S. 97. (c) Penal Code (XLV of 1860), S. 302/34 read with S. 300(1) Crave and sudden provocation-Sentence-No previous enmity existing between parties-Deceased attracted to scene on hearing loud and heated altercation between parties and abusing father of accused-appellant ---Circumstances, held, sufficient to boil blood of appellant---Appellant acting under influence of father firing fatal shot---Sentence of transportation for life, held, justified in circum stances of case. (d) Penal Code (XLV of 1860), S. 34-Vicarious liability- Appellants on hearing altercation coming to place of occurrence with arms and both using their weapons-Blow of one proving fatal while that of other unsuccessful-Intention in such a situation, held, could be formed and shared even at spur of moment and accused whose blow did not prove fatal also vicariously liable for offence under S. 301, P. P. C.-Penal Code (XLV of 1860), S. 302/34. Date of hearing : 3rd February 1972.                                                                                                                 JUDGMENT MUHAMMAD AFZAL CHEEMA, J.---The two appellants Ghulam Rasul and his brother Nabi Bakhsh were tried along with their father Meeran for the murder of one Ghulam Ali of their village allegedly committed by them in prosecution of their common object…