Law: Penal Code (XLV of 1860)

Section: 302, 34, 304(1)

  Penal Code (XLV of 1860)  Ss. 302/34 & 304(1)-Murder-Ocular evidence clearly establishing infliction of dang blows by each accused on deceased's head and medical evidence giving each injury individually sufficient in ordinary course of nature to cause death-Accused inflicting forceful blows and causing in juries of very serious nature on most vital part of body-Accused alleg ed to have acted in exercise of right of self-defence not adverting to such plea before committing Magistrate, not claiming to have been armed or weilded weapon in self-defence, and failing to account for injuries on his person-A light stick allegedly used by accused in self-defence not capable of inflicting such serious injuries as received by deceas ed - Plea of self-defence, held, not substantiated - Prosecution eye witnesses though closely related to each other yet bearing injuries their presence at scene of occurrence undoubted-Witness's account consistent and their account corroborated by a witness related to both parties as well as by medical evidence-Appellants' act, however, unpremeditated, section 304(1) and not section 302, held, attracted to case. Date of hearing: 2nd December 1974.                                                                                                                      JUDGMENT ABDUL JABBAR KHAN, J.---Ismail alias Seela (50), Muhammad Din alias Mannoh (42), Yasin (50) and Muhammad Ibrahim (40), sons of Sindhi, Ahmad Din alias Ahman (50) and Muhammad Hussain alias Hussain (35) sons of Jhanda and Younis alias Kala (28) son of Ismail alias Seela, have appealed against their convictions and sentences passed by the learned Additional Sessions Judge, Lahore vide his judgment dated 28th April 1973, whereby he sentenced Ismail alias Seela and Muhammad Din alias Mannoh sons of Sindhi to death and Yasin son of Sindhi to imprisonment for life…