Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 304. Part I--Right of private defence--Exercise of--Leave to appeal granted to examine question as to what offence was committed by appellant in light of finding of Trial Court because it was contended on his behalf that if complainant party were aggressors and had caused injuries which could have proved fatal, then apprehension could not be, at spur of moment, weighed in scales and appellant was entitled to cause such injury as he had caused to save his own life. (b) Penal Code (XLV of 1860)-------S. 304, Part I--Conviction and sentence challenged--Appellant charged under S. 302, P.P.C. was found to have received simple injuries during incident and had right of private defence to that extent--Appellant having caused six injuries with sharp weapon, out of which two being on vital parts of body of deceased were fatal, exceeded his right of defence--His case falling under Exception 2 to S. 300, P.P.C., was convicted and sentenced under S. 304, Part I, P.P.C.--High Court after re-appraisal of evidence. affirmed findings of trial Court--There being no defect in appreciation of evidence nor any rule of evidence or principle of law governing dispensation of criminal justice having been violated, Supreme Court refused to interfere with findings /conviction but reduced sentence of life imprisonment to 10 years rigorous imprisonment and allowed benefit of S. 382-B, Cr.P.C. Muhammad Hayat Junejo Senior Advocate Supreme Court instructed by Muzaffar Hassan, Advocate-on-Record. Mir Muhammad Nawaz Marri, Assistant Advocate-General for the State. Date of hearing: 12th August, 1986. JUDGMENT S. A. NUSRAT, J.--This appeal is from the judgment of the High Court of Baluchistan. By the impugned judgment the appeal of the appellant, challenging his conviction under section 304 Part I of the Pakistan Penal Code for causing death of Haji Muhammad Asghar with sentence of life imprisonment and fine of Rs.1,000 or in default to undergo further rigorous imprisonment for six months and to pay compensation of Rs.10,000 to the heirs of the deceased or in default to undergo further rigorous imprisonment for six…

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