Law:

Section:

Penal Code (XLV of 1860)--Ss. 302 & 307 read with S. 300, Exception IV-[Murder-case]­Free fight-Private defence, right of-Prosecution witnesses named in first information report and such report promptly made and recorded at police station - High Court re-evaluating evidence and accepting conclusion of trial Court in regard to motive abscondence of accused appellants, at least two of prosecution witnesses being quite independent and disinterested, and presence of all eye-witnesses at spot at crucial moment and rejecting plea of self-defence-Appellants aggressors in view of number of shots fired, advantageous position, and harm done to complainant's party-Both sides though wishing to have a free fight but such wish not materialising and accused appellants in view of their advantageous position frustrating free fight by both parties-Deceased persons on complainant's side not initiating fire first but accused party initiating attack first on seeing complainant party duly armed-Motive for attack by accused party also proved-Abscondence of accused, not satisfactorily explained, also an incriminating circumstance corroborating their presence at time of occurrence---Combat being premeditated and neither sudden nor in heat of passion in sudden quarrel, offence committed, held, murder simpliciter and not culpable homicide not amounting to murder-[Per Muhammad Afzal Zullah, J. (contra])--Both parties being not only armed with fire-arms but also using them effectively and no unfair advantage having been taken by appellants, appellants, held, guilty of culpable homicide not amounting to murder.---[Private defence, right of] Empress v. Rohimuddin I L R 5 Cal. 31 and SYed AH Bepari v. Nibaran Mollah and others P L D 1962 S C 502 ref. JUDGMENT MUHAMMAD HALEEM, J.---'This appeal by Special Leave arises from the judgment of the Lahore High Court, Lahore, dated 9th of December, 1975, by which the convictions of the appellants and the capital punishment awarded therefore were confirmed. According to the prosecution, the complainant party resided in Daur Khelanwala whereas the appellants lived in Kacha Mastiwala which is about 200/250 karams away. On 3rd of September, 1971 the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492