Law: Penal Code (XLV of 1860)

Section: 100

Penal Code (XLV of 1860) S. 100-Appeal (criminal)-[Murder-case]--Private defence, right of---During occurrence deceased suffering two injuries and prosecution witnesses one injury each while accused having 3 sharp- edged weapon injuries besides 2 injuries caused with some blunt weapon-Possibility of accused being first attacked by complainant party and accused acting in exercise of his right of self-defence, not excluded-Conviction and sentences set aside, in circum stances.-[Private defence, right of].                   Dates of hearing : 22nd and 23rd June, 1981.            JUDGMENT SAAD SAOOD JAN, J.--The appellants, Kalim Akbar (aged : 19 years) and his brother Abad-ur-Rehman (aged 20 years), were convicted by an Additional Sessions Judge at Lahore of offences under sections 302 and 307, read with section 34 of the Pakistan Penal Code for causing the death of Muhammad Ali deceased and making murderous assault upon his brother Asif Ali (P. W. 14). For the offence under section 302, Kalim Akbar was sentenced to death while Abad-ur-Rehman was directed to suffer imprisonment for life. For the offence under section 307 both appellants were ordered to undergo rigorous imprisonment for a period of ten (10) years. They were also directed to pay fines for the two offences. The appellants have filed a joint appeal against their convictions and sentences while the learned Additional Sessions Judge has made a reference to this Court for the confirmation of the sentence of death imposed upon Kalim Akbar. On its part the complainant party has preferred a criminal revision for the enhancement of the sentence awarded to Abad-ur-Rehman. This judgment will dispose of all the three matters. 2. The deceased together with his parents and brothers resided in Koth Pir Abdur Rehman in Mohallah Mushtaqpura within the limits of Police, Station, Moghalpura. The appellants owned a poultry farm in the vicinity of his house. Rajab Ali (P. W. 12), a brother of the deceased, was married to a young woman. According to the prosecution the appellants…