Law: Penal Code (XLV of 1860)

Section: 302, 100

Penal Code (XLV of 1860) S.302 & 100-Private defence, right of-Co-accused giving dang blows to deceased after deceased having inflicted grievous, injury to accused-Right of private defence, held, extended to, co-accused to extent of causing death of assailant for rescue of, accused-Co-accused three in number giving six lathi blows on deceased but only two on vital part --Co-accused, held, did not act in a cruel or unusual manner and had not exceeded right of private defence, in circumstance. Date of hearing : 24th October 1973,                                                                                                                            JUDGMENT K. M. A. SAMDANI, J.-This judgment will dispose of Murder Reference No. 189 of 1971, Criminal Appeal No. 599 of 1971 and Criminal Revision No. 1.077 of 1971, all arising from the judgment dated 19th of August 1971, of Ch. Abdul Majid, Additional Sessions Judge, Gujrat, whereby he convicted all the four appellants, namely, Bahawal aged 60 and his three sons Mutalli aged 28, Karam Ali aged 24 and Khizer Hayat aged 1.6, under section 302, P. P. C. read with section 34 of the same Code and sentenced Mutalli appellant to death and the other three appellants to transportation for life for the murder of N4sibammad Aslam deceased, a young man of 25. Criminal Revision No. 1077 is by Atta Muhammad P. W., the father of the deceased who prays that the sentence of transportation for life awarded to three of the four appellants be enhanced to death. 2. The prosecution case is as follows:-             Muhammad Aslam deceased was suspected of having established an illicit liaison with the wife of Mutalli appellant. About a week before the murder in question, Mutalli appellant had quarrelled with Muhammad Aslam deceased on that account. However, nothing serious…