MUHAMMAD NAEEM Versus STATE

ORDER

1. MUHAMMAD AFZAL ZULLAH, J .‑‑Leave to appeal has been sought from judgment, dated 4‑4‑1982 of the Lahore High Court; whereby petitioner's appeal from conviction and sentences, including life imprisonment and fine, for offences under sections 302 and 307, P.P.C, was dismissed.

2. When in the company of his co‑accused, Mushtaq Ahmad (since acquitted) the petitioner caused knife injuries to Supard Ali and his brother Muhammad Hussain P.W. on vital parts of their bodies. The former expired as a result thereof.

3. Petitioner's father had given some land to the father of the deceased for cultivating fodder for which the latter was to irrigate the land. But for some days before the occurrence, he could not do so; on which he was told by the owner not to cut the fodder. Despite that the deceased and his brother wanted to cut the fodder. The petitioner tried to stop them from doing so and thus both sides indulged in altercation which developed into grappling. The petitioner then took out a knife and injured both of his adversaries, who despite having sickles in their hands, did not use them even to defend themselves. Petitioner's plea of self‑defence having been rejected, he stands convicted under sections 302 and 307, P.P.C.

4. Learned counsel for the petitioner had contended that even if the petitioner had no right of private defence, he should have been allowed the benefit of Exception IV to section 300, P.P.C. and conviction should have been under section 304‑I P.P.C.

5. It has been held by the High Court that the petitioner acted in a cruel manner. Learned counsel has not been able to satisfy us that it was not so. That being so, even if, it would have been held that the other conditions in Exception I V are satisfied (on which we do not express any opinion the same being unnecessary in the circumstances), an important condition regarding cruelty, is not satisfied. For the same reason the judgment of this Court in Masoom Beg v. Muhammad Munir and another 1971 S C M R 476 relied upon by the learned counsel is of no help to the petitioner. He has rightly been convicted and sentenced under sections 302 and 307, P.P.C.

6. This petition has no force and is accordingly dismissed.

7. S.Q./M‑36/S Petition dismissed.