Law: Penal Code (XLV of 1860)

Section: 325, 323, 34, 300

Penal Code (XLV of 1860)  S. 325/323/34-Private defence, right of-Accused whose blood stained clothes taken into possession by police found having received some injuries before he inflicted fatal blow on deceased-Motive to take initiative before with complainant party in circumstances of case-Theory of free fight, alleged by neither party, having no basis on record-Case of self-defence raised by accused at earliest stage by lodging report with police before complainant party's F. I. R. clearly spelt out from nature and number of injuries sustained by parties, i.e., 3 by complainant side and 13 by accused-Possibility of accused having fought in self-defence-Not to be ruled out in circumstances-Conviction set aside--Penal Code (XLV of 1860), S. 300, Exception 2. Allah Ditta v. Emperor A I R 1934 Lah. 696; Safdar All v. The Crown P L D 1953 F C 93; Shamir v. The State P L D 1958 S C (Pak.) 242 and State v. Khair-ur-Rehman P L D 1960 Pesh. 50 ref. Date of hearing: 29th June 1970.                                                                                                                                     JUDGMENT Muhammad Amir (23) and Muhammad Ashfaq (21), brothers later se were sent up by Maika Hans Police of Sahiwal District to face trial under sections 452/34, 323/34 and 302J34, P. P. C. They were tried by the learned Additional Sessions Judge who vide the impugned judgment dated the 8th of November 1968, acquitted them of charges under section 452, P. P. C. but convicted them under section 325/34, P. P. C., with an award of three years' R. I., each and a fine of Rs. 2,000 or further one year's R. I. each in default of payment thereof. They were also convicted under section 323/34, P. P. C. with an award of a fine of Rs. 200 each or three months' R. I. in default of payment of fine. The fine of Rs. 2,000 awarded…