Law:

Section:

(a) Penal Code (XLV of 1860)-- ----Ss. 302 & 304, Part I---Appraisal of evidence---Ocular testimony had established on record that the deceased was done to death by the accused--­Possibility, however, could not be ruled out, rather it looked highly probable and convincing, that on seeing the band of armed people and witnessing the thrashing of another person, accused had committed the offence while acting in self-defence, but in exercise of such right he had caused more harm than was necessary---Accused having caused the death of the deceased by exceeding the right of private defence, his conviction under S.302, P.P.C. was altered to S.304, Part 1, P.P.C. and his sentence of imprisonment for life was reduced to seven years' R.I. with fine. (b) Penal Code (XLV of 1860)--- ----S. 300, Exception 2---Right of private defence of person or property--­Duration of existence of such right---Right of self-defence continues so long as the apprehension of hurt or grievous hurt continues to exist---Accused cannot be penalized for not weighing in golden scales the amount of force sufficient to allay the apprehension of danger from the aggressor, but when such apprehension has disappeared and ceased to exist, right of private defence comes to an end. JUDGMENT RAJA MUHAMMAD KHURSHID, J.--A case under section 302/ 307/34, P.P.C. was registered at Police Station Cantt., Gujranwala vide F.I.R. No.120/89 on the report of Muhammad Akram for an occurrence, which took place on 4-5-1989 at about 10-30 a.m. in the area of Chah Kikar Wala of Rahwali Talwandi, District Gujranwala in which the deceased Halim Akram lost his life whereas Muhammad Riaz P.W. was seriously injured. 2. According to F.I.R., the complainant Muhammad Akram had cultivated tomatoes on two acres of land at Chah Kikar Wala. On 3-5-1989 at about 1-30 p.m. Ghulam Hussain and a son of Muhammad Munir accused namely Iqbal had plucked some tomatoes. On the day of occurrence the complainant, his deceased son Halim Akram, Muhammad Saleem P.W. 7, Muhammad Saeed and Salam Ullah constituted a Punchayat and went to the brick kiln of Muhammad Munir contractor, who is one of the accused in this case. During the conversation…

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