Law: Penal Code (XLV of 1860)

Section: 100

Penal Code (XLV of 1860), S. 100-Right of self-defence Canal water, during accused's turn, flowing into field of complainant party--Such party watching flow but not caring to repair breach- Accused party alleged to have arrived at spot, raised lalkara, and fired with gun in revenge resulting in death of one on complainant's side-Accused pleading that they had acted in self-defence while attacked-Parties Involved in previous litigation and blood feud existing between them-Not unnatural to think that complainant party's gathering at spot was not with innocent purpose-Wounds suffered by some accused, with incised wound on body of one of them-Inference not unjustified that accused reasonably appre hended danger to their lives-Right of self-defence, in circumstances, held, not exceeded by accused while getting possession of water and rescuing their companions-Statements of prosecution witnesses in consistent and contradictory-Six out of eight accused acquitted by lowes Court-Principle of indivisibility of credibility of witnesses attracted-Conviction set aside. Ram Parsad and others v. The State A I R 1959 All. 790 and Ahmad and others v. Emperor A I R 1919 Lah. 458 ref. Dates of hearing : 21st, 22nd and 23rd December 1971.                                                                                                                               JUDGMENT SALEEM MAZHAR, J.--The two appellants Nazar Muhammad and Rab Nawaz along with six others were tried by the learned Sessions Judge, Multan for offences under sections 148, 307/149, P. P. C. on six counts and 302/149, P. P. C. for having murdered Gul Muhammad and having made murderous assault on Muhammad Yusuf, Zafar Ahmad, Muhammad Iqbal, Mumtaz Ahmad, Muhammad and Allah Ditta P. Ws. in prosecution of the common object of unlawful assembly, In Killa No. 5, Square No. 23 of Chak No. 90/10/R, on…