| Citation(s) |
|---|
| 1981 SLG 3022 = 1981 SLD 3022 = 1981 SCMR 284 |
Supreme Court of Pakistan
Criminal Petitions for Special Leave to Appeal Nos. 426 and 461 of 1980, decided on 13th October, 1980. (On appeal from the judgments and orders of the Lahore High Court, Lahore, dated the 11th June, 1980, passed in Criminal Appeal No. 366 of 1978 and Criminal Revision No. 83] of 1978).
Presented By: Karam Elahee Chauhan, Mushtaq Hussain and Shafiur Rehman, JJ
Dr. Khalid Ranjha, Advocate Supreme Court instructed by Wajid Hussain, Advocate- on-Record for Petitioner (in Criminal Petition No. 426 of 1980). Nemo for the State (in Criminal Petition No. 426 of 1980). Raja Muhammad Muzaffar, Advocate Supreme Court instructed by Muhammad Aslam, Advocate-on-Record for Petitioner (in Criminal Petition No. 461 of 1980). Nemo for
Respondents (in Criminal Petition No. 461 of 1980).
Criminal Petitions for Special Leave to Appeal Nos. 426 and 461 of 1980, decided on 13th October, 1980. (On appeal from the judgments and orders of the Lahore High Court, Lahore, dated the 11th June, 1980, passed in Criminal Appeal No. 366 of 1978 and Criminal Revision No. 83] of 1978).
Presented By: Karam Elahee Chauhan, Mushtaq Hussain and Shafiur Rehman, JJ
Dr. Khalid Ranjha, Advocate Supreme Court instructed by Wajid Hussain, Advocate- on-Record for Petitioner (in Criminal Petition No. 426 of 1980). Nemo for the State (in Criminal Petition No. 426 of 1980). Raja Muhammad Muzaffar, Advocate Supreme Court instructed by Muhammad Aslam, Advocate-on-Record for Petitioner (in Criminal Petition No. 461 of 1980). Nemo for
Respondents (in Criminal Petition No. 461 of 1980).
SARDAR MUHAMMAD alias DARA AND OTHERS-Petitioners
VERSUS
THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 304
Penal Code (XLV of 1860) S. 304, Part I-[Murder-case]-Plea of self defence in sudden fight Duly taken note of, fully discussed, and ruled out by Courts below Appreciation of evidence made by Courts below not involving any violation of any principle of law-Findings recorded by Courts below not open to exception on any ground-Petition, held, without merit and dismissed.-[Private defence, right of]. ORDER KARAM ELAHEE CHAUHAN, J.-This judgment will dispose of two Criminal Petitions for Special Leave to Appeal bearing Nos. 426 and 461 of 1980, 2. The facts of this case are given in detail in the judgment of the learned Additional Sessions Judge dated 10-1 I-1977 and of the High Court dated 17-3-1979 and it is not necessary to recapitulate the same over again, as it will be sufficient for our purpose to mention, that the former convicted and sentenced the petitioners in Criminal Petition No. 426 of 1980 under various sections of the P. P. C. and various sentences mentioned in his order, which was maintained by the High Court while dismissing their appeal. The petitioners have filed Criminal Petition No. 426 of 1980 for special leave to appeal against the same in this Court challenging this conviction and sentence. 3. The case against the petitioners was that on 20-7-1975, they attacked Muhammad Siddiq and killed him and also caused injuries to P. W. Muhammad Ali brother of the deceased aforesaid. It was held by the learned Additional Sessions Judge that it was not a premeditated murder, and that the occurrence took place abruptly when a buffalo trespassed into the field of the complainant party whereupon the accused tried to take back that buffalo which led to abuses on both sides and then a sudden fight in which Muhammad Siddiq and Muhammad Ali received injuries from the hands of the petitioners. It was further held that in these circumstances the case fell under section 304, Part I, P. P. C. qua…