Law:

Section:

  Criminal trial-Defence plea-Cannot be rejected upon suggestion of remote circumstance.   Penal Code (XLV of 1860), Ss. 100 & 300, Explanation 2-- Self-defence-Accused finding themselves surrounded by armed people belonging to dangerous tribe and apprehending grievous hurt-Entitled to right of private defence extending to causing of death-Reasonable possibility that defence version might be true-- Benefit of doubt given to accused.   Sardar Ali's case P L D 1953 F C 931 ; Muhammad Siddiq v. Crown P L D 1954 F C 113 and Mir Ahmad v. The State P L D 1962 S C 489 ref.  JUDGMENT   A. S. FARUQUI, J.-Appellants Atta Muhammad and Eid Muhammad, head-constables and Abdul Hadi and Jan Muhammad, mounted constables have been convicted by the Sessions Judge, Jacobabad, under sections 302 and 307 both read with section 34, P. P. C., and have all been sentenced to transpor tation for life under the first section and to 7 years' rigorous imprisonment under the second. In thus convicting the accused the learned Sessions Judge disagreed with the unanimous opinion of the three assessors with whose aid the trial was held.   The incident from which the trial arose took place on 10th June 1961, at 9 a.m. indeh Bakhtiarpur falling within the police station Thul, District Jacobabad, in which two young men namely, Murid and Dostin sons of Jani were killed and Hamzo, their uncle, received grievous hurt, all these having been inflicted by rifle shots. A party of 5 policemen consisting of the four appellants gad another named Mehar had gone to deh Bakhtiarpur, the village of the deceased to get them and 10 others to be produced before the Station House Officer, Thul in connection with a complaint which had been filed against them under section 107, Cr. P. C. in the Court of the Mukhtiarkar and First Class Magistrate, Thu] which complaint had been forward ed by the said Magistrate to the said S. H. O. for necessary action. The complaint was filed by one Kamal son of Attal on 29-3-61, in the following circumstances :   Kamal's brother Hawal had been allegedly killed by persons belonging to the tribe towhich the present complainant Jani,…