Law: Penal Code (XLV of 1860)

Section: 302, 324, 100, 304(1)

Penal Code (XLV of 1860) Ss. 302 & 324 read with Ss. 100 & 304(1)-[Murder case]-Private defence, right of-Accused appellant when asked to explain his injuries making contradictory statements in committal and trial Courts Accused's statement that deceased hurt him with a knife also not proved true-Defects, however, could not negative plea of self-defence if supported by evidence on record-Plea of private defence of accused raised in Sessions Court clearly inferable from facts and circumstances of case and reasonable possibility of his acting in exercise of such right existing-Complainant party being composed of two persons, both armed, accuseds' right of private defence, held, continued even after he disarmed deceased-Accused however having inflicted one stab and two incised wounds on deceased, two of which being dangerous any one of them would have disabled deceased, inflicting of other blows, held, unnecessary, and accused exceeded his right of defence in giving knife blows-Accused, however, in causing simple injuries to deceased's companion could not be said to have exceeded right of self-defence Conviction altered to one under S. 304(I). Date of hearing : 29th October 1974.                                                                                                                            JUDGMENT MUHAMMAD RAFIQ TARRAR, J.-Ghulam Farid appellant and his co- accused Pir Bakhsh were tried by the learned Additional Sessions Judge, Muzaffargarh, for the murder of .Abdul Karim. Pir Bakhsh was acquitted whereas the appellant was convicted under section 302 of the Pakistan Penal Code and sentenced to death and a fine of Rs. 100 or in default in payment thereof to undergo R. I. for one month. He was also convicted under section 324, P. P. C. and sentenced to R. I. for one year. The sentence of imprisonment was to have effect only in the…