Law: Penal Code (XLV of 1860)

Section: 302, 304(1)

Penal Code (XLV of 1860)  Ss. 302 & 304(I)-Private defence, right of-Accused diverting water to his field on his own turn-Deceased and his companions interfering with right of accused to use water-Exchange of abuses and grappling between accused and deceased party and accused giving fatal blow to deceased-Accused claiming to have been injured in fight but not examined by doctor-Right of private defence accrued to accused-Accused, however, exceeded his right in killing deceased-Conviction under S. 302 altered to S. 304(1) in circumstances. Date of hearing : 15th July 1974.                                                                                                                           JUDGMENT Baddar Din appellant was tried alongwith 8 others for the murder of Fatal Muhammad and for causing injuries to Noor Muhammad (P. W. 5). The appellant was convicted under section 302, P. P. C. and sentenced to transportation for life while the others were acquitted by the learned Sessions Judge, Multan, vide order dated 2nd January 1971. The appellant has filed this appeal through Jail. 2. I have heard learned counsel for the State and perused the record. The occurrence is alleged to have taken place on the night between 13/14th October 1969, at about 10 p.m. in Chak No. 315/W. B., situate at a distance of 6 miles from Police Station, Dunyapur, District Multan. First Information Report was lodged by Noor Muhammad at 6 a.m. on 14th October 1969. The appellant is alleged to have been armed with spear while his companions had hatchets and Bangs. 3. The dispute arose over the diversion of water which Badar Din wanted for irrigation of his field. Noor Muhammad P. W. claimed that there were still 19 minutes left. On this the parties started grappling with each other. Fazal Muhammad and Noor Muhammad were also having spades and dangs. Badar Din appellant is alleged…