Law: Pakistan Penal Code, 1860

Section: 304,106

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--- ----Ss. 304, Part I & 106---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether High Court had erred in law in altering the conviction from ~. 302, P.P.C. to S. 304, Part 1, P.P.C. as the case fell within the purview of S. 106, P.P.C. (b) Penal Code (XLV of 1860)--Ss. 106 & 304, Part I---Appraisal of evidence---Accused at the time of incident appeared to have been so situated that he was not in a position to effectively exercise the right of private defence without risk of harm to those who were near or around his father including the two deceased persons who according to the complainant had also come there in the meantime after hearing the alarm---Case of the accused was, thus, covered by S. 106, P.P.C:--­Accused was acquitted in circumstances. Jamal Din's case 1971 SCMR 800 ref. JUDGMENT MUHAMMAD RAFIQ TARAR, J.---This appeal by Liaqat appellant, with the leave to this Court, is directed against the judgment of a learned Division Bench of the Lahore High Court, dated 31-10-1988. The prosecution version in brief is that Manzoor son of Ghulam Rasool and Abbas son of acquitted accused Noor Muhammad were students of Class-11 in the Primary School, Musawala. Manzoor was Moniter of the class. On 30-5-1981, he gave a slap to Abbas as he had not prepared his lesson. On 31-5-1981 at 2 p.m., aforesaid Manzoor was going towards the Rajbah for taking bath when acquitted accused Noor Muhammad, who was sitting on the shop of Allah Bakhsh, asked him why he had slapped his son and simultaneously started slapping him. He raised alarm attracting Manzoor Ahmad complainant, Noor Muhammad son of Khuda Bakhsh, Allah Ditta and Ghulam Oadir P.Ws. They tried to intervene upon which Noor Muhammad accused picked up a Soti and gave a blow to Noor Muhammad P.W. hitting his left shoulder. Noor Muhammad P.W. pushed him and he fell down. In that position he gave a call to his son Liaqat (appellant) to bring the gun and kill them. In the meantime, Bashir and Allah Wasaya (deceased persons) came there. Liaqat appellant reached the spot armed with a gun and fired hitting Bashir and Allah Wasaya. Both of them…

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