Law: Penal Code (XLV of 1860)

Section: 302, 307, 100

(a) Penal Code (XLV of 1860) Ss. 302 & 307-Special leave to appeal-Granted by Supreme Court to examine contentions that witnesses being interested and inimical their evidence could not be accepted without satisfactory corroboration which was not forthcoming on record and that Courts have erred in not properly appreciating defence plea that accused had acted to save themselves from an attack by complainant party. (b) Penal Code (XLV of 1860) S. 100-Private defence, right of-Plea not put forward in commit ment proceedings but raised at trial as an alternate version-Record establishing that accused and their companions deliberately armed themselves and proceeded by a route leading to site of occurrence-Held, accused were aggressors and no question of exercise of right of private defence could arise in their favour.-[Private defence, right of]. (c) Penal Code (XLV of 1860) Ss. 302 & 307-Murder-Evidence-Identity of persons participating in assault-Accused and their companions found to have a direct motive to assault deceased persons and their companions-Participation of accused in incident could not be doubted in circumstances of case-Prosecution witnesses neither interested or inimical nor having motive to falsely implicate accused-Held, accused were rightly con victed and sentenced. Date of hearing : 1st December, 1980.                                                                                                                 JUDGMENT ANWARUL HAQ, C. J.-This appeal, by the leave of the Court, is directed against the judgment dated the 19th of February; 1976, of the Lahore High Court, by which the convictions and sentences recorded against the four appellants under sections 302 and 307 read with section 34 of the Pakistan Penal Code by the learned Sessions Judge, Jhelum, were maintained with the modification that imprisonment for life awarded to them under section 307/34, P. P.…