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Criminal Petition for Special Leave to Appeal No. 453 of 1981, decided on 14th October, 1986.
(From the judgment/order of the Lahore High Court, Lahore, dated 6‑7‑1981 passed in Criminal Appeal No. 139 of 1979).
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 302/307‑‑Reappraisal of evidence‑‑Concurrent findings of fact based on cogent evidence No justification for re‑appraisal found‑‑Leave to appeal refused.
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), Ss. 302/307 & 304‑‑Right of self‑defence‑‑Free fight‑‑Concurrent findings of fact about free fight s between parties‑‑Plea of right of self‑defence not entertained‑‑Plea of self‑defence in case of free fight is not available to either of parties.
Raja Muhammad Sabir, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioner.
Date of hearing: 14th October, 1986.
Leave to appeal has been sought from judgment, dated 6‑7‑1981 of the Lahore High Court whereby the petitioner's appeal arising out of murder of one Khan and injuries to several P.Ws., Humayun petitioner's conviction under section 302, P.P.C. and the conviction under section 307, P:P.C. of the other two petitioners were maintained. Various sentences including life imprisonment to Hamayun were also upheld.
The main features of the case as found by the learned trial Court are not disputed, therefore, it is not necessary to give details.
According to the concurrent findings of the learned Courts below, the petitioners caused injuries to the deceased and P.Ws. in a free fight wherein the complainant‑side also caused fairly serious injuries to the petitioners. The dispute was over the possession of a piece of Government owned land which both the parties wanted to keep in their Possession.
Learned counsel for the petitioners without being able to assail the findings regarding free fight tried to make out a case of self‑defence for the petitioners.
The finding of fact that there was free fight between the parties are based on cogent evidence for the re‑appraisal of which we do not find any justification. Regarding the plea of self‑defence it is now well‑settled law that in a case of free fight this plea in not available to either of the parties. Accordingly there is no force in this petition and the same, is dismissed.
M.I.
Petition dismissed.
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