1. ' MUHAMMAD NAWAZ ABBASI, J.---Leave to appeal is sought against the judgment dated 12-2-2002 delivered by a learned Single Judge of Lahore High Court (Rawalpindi Bench) whereby the appeal filed by the petitioners was dismissed.
2. ' The petitioners, alongwith 4 others, were tried on charges under sections 302, 307, 148 and 149, Pakistan Penal Code for causing death of Muhammad Noor and having caused injuries to Zaheer Ahmed, Nisar Ahmed, Muhammad Yaqoob, Bostan, Muhammad Shabbir and Muhammad Fazil.
3. With the assistance of the learned counsel, we have perused the record of the case and also gone through the F.I.R. The complainant side in this case received 40 injuries but the same have been explained in the F.I.R. It was stated by the complainant side that during the fight they had also caused injuries to the accused side. The occurrence had taken place on Eid day in the Village Traiti, District Rawalpindi, in a street. The conclusion arrived at by the Courts below that both sides desired to check their strength does not suffer from any infirmity. The record clearly shows that it was free fight and therefore, in such-like cases the question of self-defence is not at all relevant.
4. We subscribe to the findings arrived by the Courts below that each individual is to be punished according to individual liability and the role played by him.
5. ' In this view of the matter, we are of the view that the petitioners have been rightly punished in the case. In support of the plea of self-defence, the learned counsel has argued that one Azra, womenfolk of accused was injured in the occurrence but was not produced in Court and it is also on record that womenfolk from complainant side also sustained injuries.
6. We do not find any flaw in the judgment impugned and are not inclined to interfere with the same.
7. Leave to appeal is accordingly refused and petition dismissed.