Law:

Section:

Penal Code (XLV of 1860)-----S.302---Constitution of Pakistan (1973), Art.185(3)---Private defence, right of--­Quarrel took place between deceased and co-accused over the use of water and as a result, the deceased felled down co-accused on the ground---Co-accused was strangulated by the deceased who was a young man whereas co-accused was 61 years old---Accused seeing his father in such a situation came running to the spot, picked up a Trangal and gave blows on the back and abdomen of deceased causing his death---High Court acquitted the accused holding that he was within his right to cause, in the exercise of his right of self-defence, injuries to the deceased---High Court, held, had correctly arrived at the conclusion that accused had acted in the exercise of his right of private defence---Petition for leave to appeal dismissed. ORDER JAVID IQBAL,.J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Multan Bench, dated 14 February, 1988 whereby criminal revision filed by the present petitioner for enhancement of sentence of Shafiq Ahmad respondent was dismissed and instead the appeal of Shafiq Ahmad respondent was accepted and he was acquitted. Briefly the facts are that Shafiq Ahmad respondent and his father NUT Ahmad were tried for an offence under section 302/34, P.P.C. for the murder of Salimullah deceased and vide judgment of the trial Court NUT Ahmad was acquitted but Shafiq Ahmad respondent was convicted under section 304, Part 11, P.P.C. and sentenced to 7 years' R.I. plus fine. But on appeal of the aforesaid respondent his conviction and sentence were set aside and he was acquitted. Furthermore, as stated above, the revision petition of the petitioner for enhancement of his sentence was dismissed. The occurrence took place at Deegarwela on 19 November, 1974 near a tube-well belonging to NUT Ahmad co-accused and Dur Muhammad father of the deceased. The F.I.R. was lodged on the same day by the present petitioner at 5 p.m. From Shafiq Ahmad respondent was recovered human blood-stained Tarangal. The eye-witnesses of the occurrence are Abdul Ghani petitioner uncle of the deceased and Ghulam Hussain servant of the…

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