| Citation(s) |
|---|
| 1975 SLG 3238 = 1975 SLD 3238 = 1975 PLD 481 |
Lahore High Court
Criminal Miscellaneous Appeal No. 446 of 1973, decided on 27th January 1975.
Presented By: Gul Muhammad Khan, J
Muhammad Hussain and others v. The State P L D 1968 Lah. 1 rel. Ijaz Hussain Batalvi with Jari Ullah Khan for Appellants. A. R. Shabab Mufti for the State.
Criminal Miscellaneous Appeal No. 446 of 1973, decided on 27th January 1975.
Presented By: Gul Muhammad Khan, J
Muhammad Hussain and others v. The State P L D 1968 Lah. 1 rel. Ijaz Hussain Batalvi with Jari Ullah Khan for Appellants. A. R. Shabab Mufti for the State.
MUHAMMAD ASHRAF AND 3 OTHERS-Appellants
VERSUS
THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 302, 34, 57
(a) Penal Code (XLV of 1860) S. 302/34 read with S. 100-Murder trial-Private defence, right of-Accused, on charge of murder, raising plea of self-defence and alleging to have used force when attacked by complainant party, walking on foot, while they (accused) rode on horse backs-Defence version, held, improbable--Accused, held further, could avoid conflict with complainant party in case of apprehension of any attack and escape confrontation if desired by riding away fast and leaving assailants behind. (b) Penal Code (XLV of 1860) S. 57 --Life imprisonment Not same as transportation for life- Life imprisonment means imprisonment for 25 years-Transportation for life means 20 years' R. I. Dates of hearing : 30th and 31st October 1974. JUDGMENT Muhammad Ashraf aged 25, Muhammad Aslam aged 48, Bashir Ahmad aged 27 and Nisar Ahmad aged 33 have been convicted under section 304/34, P. P. C. and sentenced to imprisonment for life with a fine of Rs. 3000, each. In case of default in payment of fine they would undergo two years R.. I. each. They were also convicted under section 307/34, P. P. C. for murderous assault on Rehmat Ali and sentenced to one year R. 1. each and to pay a fine of Rs. 1,000 each and to undergo additional 9 months' R. L in case of default. They were also convicted under section 307/34, P. P. C. for murderous assault on Muhammad Siddiq and sentenced to one year R. 1. and to pay a fine of Rs. 1,000 each and to undergo additional 9 months' R. I. in case of default. They were further convicted under section 323/34, P. P. C. and sentenced to pay a fine of Rs. 150 each or to undergo one month's R. I. 2. The occurrence took place on 26th September 1967, in the area of Chak No. 158/R. B. at 4-00 p.m. which is five miles…