Law: Penal Code (XLV of 1860)

Section: 99, 104, 302

Penal Code (XLV of 1860) Ss. 99 & 104 read with S: 302-Private .defence, right of-Accused without any justification whatsoever shooting down two persons on spot and causing gunshot injuries to other three-.Accused, held, cannot be said to have acted in exercise of right of private defence, in circumstance-Conviction under S. 302, P. P. C. maintained. [Private defence, right of]. Ahmad etc. v. The State P L D 1971 S C 720 ; Muhammad Ishaq v. The State P L D 1960 Lah. 880 and Sardarai and another v. The State P L D 1970 S C 212 ref. Dates of hearing : 11th, 14th, 15th and 16th April 1979.                                                                                                                              JUDGMENT SAEED UR REHMAN, J. The appellants Jan Ahmad (aged .41 years), Wali Muhammad alias Wali Dad (aged 29 years) and Hameed Khan (aged 27 years) were convicted by a learned Additional Sessions Judge at Multan of offences under sections 302, 307 and 447-read with section 34 of the Pakistan Penal Code for causing the death of Barkat and Ghulam Murtaza Shah, committing murderous assault on Falaksher (P. W. 12) Muhammad Afzal (P. W. 13), Mehr Waryam and Liaqat and criminal trespassing. For the offence under section 302, P. P. C. Jan Ahmad and Wali Muhammad appellants were sentenced to death on each count while Hameed Khan to imprisonment for life, They were also directed to pay fine. of Rs. 2,000 each, or, in default, -to receive rigorous imprisonment for one year. For the offence under section 307, P. P. C. they were awarded rigorous imprisonment for three years and for criminal trespassing three months rigorous imprisonment each. Five other persons namely, Allah Bakhsh, Abdur Razzaq, Naseera, Muhammad Sharif and flag Nawaz were also tried together on the same charges but they were acquitted. The appellants have preferred a joint appeal…