Law: Penal Code (XLV of 1860)

Section:

Penal Code (XLV of 1860), Ss. 100, 101, 300, 302 & 304 Part 1-Accused killing deceased in right of private defence --Question, whether right was exceeded, doubtful-Benefit of doubt given to accused-Conviction under S. 304, Part I set aside. JUDGMENT   Three persons were killed, one on the side of the appellant and two on the side of the opposite, in a fight which took place on the 2nd October 1961, at 2 p.m. in survey No. 104, deh Jakhro, taluka Kakar, within the police station Khairpur Nathan Shah in District Dadu. The fight took place in the disputed portion of this survey number. Appellant Piyaro along with his two brothers Pario and Suleman and his cousin Waris were tried by the Court of Sessions Judge, Dadu for trespass and murder. The other three persons were acquitted but the appellant was convicted under section 304, Part I, P. P. C. and sentenced to "imprisonment for life", correctly speaking trans portation for life, and to a fine of Rs. 500. He was convicted under section 447, P. P. C. and sentenced to three months rigorous imprisonment. He has appealed.   The two persons killed on the side of the opposite party were Ghulam Qadir andKhan Muhammad and on the side of the accused it was Akbar. Ghulam Qadir and Khan Muhammad died as a result of two shots fired by the appellant, whereas Akbar had been killed as a result of hatchet blows. All three of them died on the spot. Three persons of the opposite party, namely, Sono P. W. 4, Uris P. W. 8 and Habibullah P. W. 10 were challaned in the counter-case and tried by the same Judge. All these were acquitted.   The first information report in this case was lodged by P. W. 4 Sono at 4 p.m. at thepolice station Khairpur Nathan Shah which is at a distance of 3 miles from the place of the incident. It was there stated by Sono that he was sitting in his house at about 2 p.m. when he was informed that Khosos (the appellant party) were reaping paddy in the field of Raees Ghulam Qadir. On the receipt of this information Raees Ghulam Qadir, Sono's brother Khan Muhammad, Uris and he himself went to the cultivation. There they ,found the appellant, his two brothers Pario and Suleman and…