Law: Pakistan Penal Code, 1860

Section: 302(c)

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--- ----S. 302(c)---Constitution of Pakistan (1973), Art. 185(3)---Prosecution had suppressed the injuries caused to the accused and his wife and did not disclose the whole story---Accused was not required to prove the defence plea beyond reasonable doubt but to show the same to be reasonably possible---High Court after having scrutinized the prosecution version and the defence version in juxtaposition, had rightly concluded that the accused had acted in self-defence and that the offence was not premeditated or pre­planned and fell under S.302(c), P.P.C.---Impugned did not suffer from any legal infirmity---Leave to appeal was refused to complainant by Supreme Court accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Defence plea---Accused is not required to prove the defence plea beyond reasonable doubt, but he has merely to show that the version put by him was reasonably possible. JUDGMENT MIAN MUHAMMAD AJMAL, J.---This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 calls in question the validity of the judgment of the Lahore High Court, Lahore dated 6-6-2001, whereby Criminal Appeal No.371 of 1999 of the respondents, was partly accepted. The conviction of Nadeem alias Billa respondent No. l was altered from section 302(b), P. P. C. to section 302(c), P.P.C. and his sentence of life imprisonment was modified to 10 years' R.I. However, the payment of Rs.50,000 as compensation was maintained. 2. Brief facts of the case are that Bashir Ahmad and his sons Nadeem alias Billa and Khalid Bashir, the respondents were tried by Additional Sessions Judge, Lahore under sections 302/34/337-F-1/337-L-1/337-A-II P.P.C. for the murder of Zahid Manzoor son of Manzoor Hussain, the complainant and causing injuries to Manzoor Hussain P.W. Charge was accordingly framed against them to which they pleaded not guilty and claimed trial. The prosecution in support of its case produced 17 witnesses. After close of the prosecution evidence, the respondents recorded their statements under section 342, Cr.P.C., wherein they stated that the complainant, his son Zahid Manzoor the deceased…

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