Law: Penal Code (XLV of 1860)

Section: 304

Penal Code (XLV of 1860) S. 304-Private defence, right of-Accused seeing deceased giving dang blows to his companions intervening for their rescue deceased treating accused in same manner and giving him three blows injuring his eye-Accused under serious apprehension of life inflicting single knife blow-Right of private defence to extent of causing death held, extended to accused in circumstances of case. Ahmad Din v. Faiz Ahmad and others 1972 S C M R 549 rel. Date of hearing : 12th July 1974.                                                                              JUDGMENT Muhammad Anwar appellant was tried alongwith his brother Muhammad Ali, his cousins Muhammad Malik, Khadim Hussain and Muhammad Ashraf on a charge under sections 148, 302/149, P. P. C., by Sessions Judge, Sialkot, who acquitted his four co-accused and convicting the appellant alone under section 304, Part II of the P. P. C., sentenced him to R. I. for three years vide the judgment dated 28-11-1973 which forms the subject-matter of this appeal. 2. The prosecution case, in brief, is that as is usual with the cultivators on the advent of the harvest season Muhammad Ashraf (the acquitted accused) had collected some of his co-villagers including Muhammad Anwar appellant and the other acquitted accused on 5th of May 1972, and set out from his house in a procession to cut his crops. They were proceeding towards the fields dancing to the beat of drums and as they passed by the house of Inayat Ullah deceased he took exception to it dubbling it as indecent and insulting for the ladies. Inayat Ali (P. W. 6) coming out of his house also expressed the same view resulting in an altercation between the parties but it did not take any serious turn at that time and Muhammad Ashraf's party moved on to their fields. It was alleged that half an hour later, Muhammad Anwar appellant accompanied by Muhammad Malik and Khadim Hussain (acquitted accused) each armed with Bangs, Muhammad Ali (acquitted accused) carrying…