Law:

Section:

Penal Code (XLV of 1860)­-- S. 302 read with S. 3C0, Exception II-Murder-Private defence- Encounter taking place between complainant side and accused appellant G in course of which accused G sustained injuries-Accused appellant R being attracted by such affair coming armed with a gun to rescue his brother-Complainant on seeing accused R coming with a gun running towards his house to take shelter-Accused appellant R chasing complainant to his house firing a shot hitting door of room of com­plainant and deceased intervening at time sustaining gunshot injury on his back-Accused appellant R, in circumstances, held, could not be said to have acted in defence of his brother-Accused appellant R held further, also not victim of any aggression for otherwise he must have sustained some injuries as accused G received.-[Private defecne, right of]. JUDGMENT M. BURHANUDDIN KHAN, J.--Rab Nawaz son of Farman Ali, aged 50 years resident of village Roppar Khurd, Tehsil and District Rawalpindi and Ghulam Hussain, his brother, were tried by the Additional Sessions Judge, Rawalpindi under section 302 read with sections 34/307 and 323/34, who, vide his judg­ment dated 29-11-1975 convicted and sentenced Rab Nawaz, appellant, to death subject to confirmation by Lahore High Court. The trial Judge also convicted him under section 307, P. P. C. and sentenced him to 3 years R. 1. for the attempted murder of Ali Mardan, P. W. (complainant) and a fine of Rs. 2,000, if recovered, to be paid to the heirs of the deceased Muhammad Sadiq. Ghulam Hussain appellant, was acquitted of the charges of murder and attempted murder. He was, however, found guilty under section 334, P. P. C. for causing simple injuries to Mst. Zainman under grave and sudden provoca­tion and was sentenced to one month R. I. and a fine of Rs. 500, or in default of the payment of fine, to undergo further R. I. for a period of 15 days. 2. The convicts filed an appeal against their conviction and sentence in the Lahore High Court and the death sentence of Rab Nawaz was also for confirmation by the High Court. A revision was filed by Mst. Qamar Sultana widow of deceased Muhammad Sadiq praying for conviction of Ghularn Hussain…

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