Law: Pakistan Penal Code, 1860

Section: 302

Penal Code (XLV of 1860)------S. 302-Private defence, plea of­ Plea neither raised by accused nor any material on record supporting such plea-Contention that accused acted in right of private defence ruled out. Muhammad Shafi, Advocate Supreme Court instructed by Naziruddin, Attorney for Appellant. S. A. Mahmud, Advocate Supreme Court instructed by Ijaz Ali, Attorney for the State. Date of hearing : 31st October 1956. JUDGMENT M. SHAHABUDDIN, J.-This is an appeal by special leave from the judgment of the High Court of West Pakistan, Lahore, by which the appeal against the conviction for murder imposed on the appellant Nazra by the Additional Sessions Judge of Gujrat was dismissed and the sentence of transportation for life awarded to him was, on a revision petition, enhanced to one of death. The appellant and one Mst. Naziran were tried on the charge that they, on the night between 17th/ 18th November 1954, committed the murder of Rahmat, husband of Naziran, and both of them were convicted, Nazra under section 302 and Naziran under section 302/ 149, P. P. C. The case for the prosecution was that there was illicit intimacy between the two accused prior to the occurrence, that on the night of occurrence Muhammad Hussain and Ata Muhammad (P. Ws. 11 and 12), who are nephew and brother respectively of the deceased and who lived along with him in the same haveli, hearing his cries for help rushed to where he was sleeping; and that they then saw Rehmat being held from behind by his wife Mst. Naziran and the appellant Nazra stabbing him with a knife. Rahmat was unarmed. These witnesses saw only one stab being dealt, as the other injuries found on the deceased had already been inflicted. Muhammad Hussain P. W. and his son Muhammad Ashraf, who was tendered but was not cross-examined and who had gone there with his father, hit the appellant with sticks and felled him down, while Ata Muhammad (P. W. 12) pressed the appellant down and thus secured him. Ashraf then hit Naziran also. Rahmat who had fallen down died on the spot. Hayat, father of the appellant, and three others came to the scene of occurrence hearing the alarm and attacked P. Ws. 11 and 12 who also sustained…

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