Law:

Section:

Penal Code (XLV of 1860)-----S. 302--Constitution of Pakistan (1973), Art. 185(3)--Right of private defence--Exercise of--Conviction under S. 302, P.P.C., challenged--Arguments advanced on behalf of petitioner found to be without substance--Plea that fatal injury was caused to deceased when accused had been overpowered and was apprehending danger to his life not sustained from other evidence on record--Leave to appeal refused. ORDER MIAN BURHANUDDIN KHAN, J -Accused/petitioner Jamshed alias Kalu, alongwith Noor Ahmad alias Pappu and Mushtaq Ahmad stood trial before the Court of Sessions, Gujranwala for committing the murder of Khalid Javed deceased and murderous assault on Muhammad Ayub P.W. They were convicted under section 302 read with section 34, P.P.C. and sentenced to imprisonment for life and fine of Rs.7,000 each for committing the murder of Khalid deceased; and were further convicted under section 307, read with section 34, P.P.C. for attempting on the life of Ayub P.W. On appeal before the High Court, Noor Ahmad's conviction under section 302, P.P.C. was set aside and his conviction under section 307 was altered to one under section 324, P.P.C. and his sentence of imprisonment was reduced to one already undergone by him; Jamshed's conviction under section 307, P.P.C. was set aside, while his conviction and sentence under section 302, P.P. C. was maintained and fine was enhanced from Rs.7,000 to Rs.20,000. 2. On 25-9-1979 at 9 A.M. Muhammad Ayub P.W., Abdul Qayum, Jamil Anwar and Khalid Javed had gone to the Polling Station for casting their votes. Jamil Anwar, complainant, entered the Booth to cast his vote when Noor Ahmad, who was the Polling Agent of a candidate, abused him. On the intervention of Sikandar Hayat and Muhammad Siddiq they were separated. Noor Ahmad, however, threatened Jamil Anwar that he would deal with him at the proper time. After casting his vote Jamil Anwar started for his home and Muhammad Ayub and Khalid Javed were with him. When they reached near the house of Noor Muhammad in Street No.8 they saw Mushtaq Ahmad Khan standing there, who raised lalkara on seeing the complainant party on which Noor Ahmad and Jamshed alias Katu,…

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