Law: Penal Code (XLV of 1860)

Section: 302, 149, 103, 100

Penal Code (XLV of 1860)  Ss. 302/149, 103 & 100-Private defence, right of-Accused in cultivating possession of land picking cotton from field --Complainant party coming in a body for set purpose of taking possession of land--Mutual fight between parties resulting in death of one and injuries to others on complainant's side and injuries to several on accused's side-Contention that right of private defence could not accrue to accused until complainant party entered land and started picking cotton-Not correct-- Accused, held, had, in circumstances, right to go out of field to stop complainant party from committing aggression and right of private defence extended to them. Dates of hearing: 6th and 8th March 1973.                                                                                                                                     JUDGMENT MAZHAR-UL-HAQ, J.--Murad Shah (20), Salamat Shah (30), Gaman Shah (18), Manzoor Shah (22), Saddan Shah alias Sadar Din Shah (25), Nur Shah (24) and Ahmad Shah (3U) of village Tibbi Saidan Shah in Multan District, were tried under sections 148, 302, 307 read with sec tion 149 of the Pakistan Penal Code for rioting, armed with deadly weapons, for the murder of Ramzan Shah and attempted murder of Karim Hyder Shah, Amir Shah, Fida Hussain Shah, Mst. Jai Bibi and Mst. Faiz Bibi. P. Ws. Murad Shah was sentenced to death under section 302 of the Pakistan Penal Code for the murder of Ramzan Shah and his companions were sentenced to three months' rigorous imprisonment each under section 323 of the Pakistan Penal Code. Their appeal and the, connected murder reference are before us. 2. The parties in this case are Syeds of Tibbi Saidan Shah in Multan District. Murad Shah, Nur Shah and Gaman Shah accused are brothers. Salamat Shah and Saddan Shah accused are maternal cousins. Manzoor…