Law:

Section:

(a) Constitution of Pakistan (1973)-Art. 185 (3) read with Penal Code (XLV of 1860), S. 302-Murder-Leave to appeal-Granted to consider whether, despite findings in such regard, certain admissions with regard to role of each party in occurrence, High Court could have acquitted all accused in accordance, with accepted principle of criminal justice. (b) Penal Code (XLV of 1860)- -- S. 302 read with Constitution of Pakistan (1973), Art. 185-Murder-Appeal from acquittal-Findings of fact of Courts below based on material on record-Held, to be given considerable weight, importance and effect even if reached through wrong appreciation of such material. (c) Penal Code (XLV of 1860)- S. 302 read with Ss. 99, 100, 101, 103, 104 & 30), Exception rl & 304-1--Murder-Private defence, right of-Conduct of unarmed complainant party in going towards spot, stopping at Chowk and not going forward even when occurrence started and accused party reaching them in Chowk-Held, shows that no reasonable person, in such circumstances, would have apprehended grievous hurt to accused party and that acts/offences against which accused could exercise complete right of private defence extending to causing of death as enumerated in S. 100 or S. 103 did not exist in case which fell squarely within S. 101 and/or S. 104-Accused could, in such circumstances, exercise right of private defence short of causing death and subject to restrictions contained in S. 99-Held further, that for resisting/stopping simple hurt, case of accused would fall under Exception II to S. 300-Acquittal of accused converted into conviction under S. 304-1.[Private defence, right of]. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-This appeal through special leave is directed against judgment of the Lahore High Court dated 2-9-1976, whereby respondents' criminal appeal was allowed and they were acquitted in a case of double murder and attempt to commit murder. Abdul Rashid, Wali Muhammad, Muhammad Rafiq and Bashir Ahmad four brothers inter se and Muhammad Sadiq their nephew, respondents herein were convicted under sections 302, 307, 323 and 324 and read with section 149 P. P. C. Muhammad Rafiq and Muhammad Sadiq were awarded death…

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