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Constitution of Pakistan (1973)-----Art.185(3)--Pertal Code (XLV of 1860), 5.307/34 read with S.99- Attempt to murder--Private defence, right of--Extent--No evidence adduced to indicate that but for a verbal altercation complainant and injured prosecution witnesses wanted toinflict any grievous injury to petitioner so as to justify wielding of Churri by him--Leave to appeal refused. Muhammad Abdullah Bajwa, Advocate Supreme Court instructed by Syed Wajid Hussain, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 27th January, 1976. JUDGMENT MUHAMMAD GUL, J.-- The petitioner herein and Manzoor Ahmad were tried and convicted under section 307/34, P.P.C. and sentenced to five years' and three years' rigorous imprisonment, respectively by a Section 30 Magistrate at Sialkot. On joint appeal, the Lahore High Court gave benefit of doubt to the other accused and acquitted him of the offence but maintained the petitioner's conviction though reduced his sentence to three years. The petitioner now seeks leave to appeal. The incident took place on 23-5-1972 at 4-30 p.m. in Bazar Kalan, Sialkot City. The prosecution case briefly is that the petitioner herein while riding a bicycle in the crowded bazar, struck against Abdul Sattar P.W. 3 who was then going on foot in company with Abdur Rashid P.W. 1 and his brother Muhammad Bashir P.W.2. This trivial accident led to an exchange of abuses between the parties and developed into a scuffle between them in the course of which the petitioner and the acquitted accused hit Abdul Sattar and his two companions with iron weights. The latter also retalliated and gave injuries to the petitioner and his companion the acquitted accused. In the course of scuffle the petitioner took out a Churri from the fold of his trousers and gave a blow to Muhammad Bashir P.W.2 in his flank. He also gave another Chhuri blow to Abdul Sattar P.W.3 in the chest. Abdul Ghani P.W.3 alongwith a number of others separated the parties and rescued the injured P.Ws. The injured were removed to the Hospital for treatment. While in the Hospital Abdur Rashid made statement Exh. P.A. to the A.S.I. who on being apprised of the incident visited the…

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