Law: Penal Code (XLV of 1860)

Section: 302/307/148/149

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   ---Ss.302/307/148/149--Constitution of Pakistan (1973), Art.185(3)-­Right of self-defence, exercise of--Person directly connected with motive spared by accused-- Inference--Petition against acquittal-­Dispute over possession of property--Two persons killed and one injured--Accused found in legal possession of property in dispute and their plea of self-defence believed and order of acquittal upheld in appeal--Leave to appeal sought against acquittal of accused-­Contention that even if right of self-defence was available in the case, respondents had exceeded the same, repelled--Person directly connected with motive and present at the spot, not receiving any injury at the hands of accused--Inference drawn that fire-arms were used by accused in order to scare away the raiding party and victims received injuries in the course of said firing as they were members of raiding party--Not being a fit case for interference, leave to appeal refused. ORDER JAVID IQBAL, J.--This petition for leave to appeal has been filed by the State against acquittal of the respondents. The respondents were charged for offences under section 302/307/148/149, P.P. C. but they were acquitted by the Additional Sessions Judge, Sahiwal. Subsequently the appeal of the State filed before the Lahore High Court, Multan Bench was dismissed and the judgment of the trial Court acquitting the respondents was maintained. The prosecution version is that the respondents armed with fire-arms and lethal weapons had attacked the complainant side resulting in the murders of Muhammad Ishaque and Mahni and injuries to Qasim P.W. The occurrence has not been denied by the accused side but they have given their own version thereof which was to the effect that they had caused injuries to the complainant side in the exercise of their right of private defence of self and property. There existed a dispute between the parties respecting possession of a certain Ihata. The Ihata in dispute was in possession of the respondents who had also obtained a stay order from the…

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