Law:

Section:

(a) Penal Code (XLV of 1860) -- S. 304, Part II-Murder-Testimony of eye-witnesses not inspiring confidence and prosecution story very shaky-Accused directed to be set at liberty.-[Evidence]. (b) Penal Code (XLV of 1860)-. -- S. 304, Part 11 read with S. 100-Murder-Private defence, right of-Accused and deceased grappling with each other over some matter-Post-mortem examination showing deceased to have received two lacerated wounds and accused receiving six injuries from broken pieces of soda water bottles lying on ground-Fact that accused, per chance, receive) simple injuries in fight-Cannot debar accused from exercising light of private defence-Held, case of accused fell under clause secondly to S. 100-[Rehmuddin v. The state 1973 S C M R 327 not applicable.-[Private defence right of]. Rehmuddin v. The State 1973 S C M R 327 not applicable. JUDGMENT GHULAM MAJADDID MIRZA, J.-Abdur Rehman son of Borh, Kashmiri by caste, resident of Munshi Mohallah, Lyallpur, was charged for the murder of Mahmood Ahmad. The learned Additional Sessions Judge, Lyallpur, who tried him found him guilty under section 304(11), P. P. C. and sentenced him to ten years' R. 1. and fine of Rs. 3,000 ; in default three years' R. I. The convict has filed this appeal against the judgment of the trial Court dated 8-12-1975. laved Akbar complainant has also filed Criminal Revision No. 74 of 1976, praying that the sentence be enhanced according to law, in which notice was issued to the appellant. This judgment will dispose of the appeal and the revision petition. 2. The incident pertaining to the alleged murder of Mahmood Ahmad took place on 12-6-1974 at 3-30 p.m. at Adda Narwala at the Tea-stall of one Muhammad Shall. The report was lodged by Javed Akbar at Police Station, Gulberg, Lyallpur, the same day at 4-30 p.m. which was recorded by Manzoor Ahmad Sub-Inspector. The motive for the alleged murder was that a day prior to the occurrence some alteration had taken place between the appellant and the deceased about a' sum of Rs. 50, which the deceased had advanced to the appellant. A demand was made for the return of the loan by the deceased but that was refused by the appellant. The deceased…

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