Law:

Section:

(a) Penal Code (XLV of 1860), S. 302-Dying declaration Investigating Officer not taking precaution of excluding relatives of deceased while recording statement-Dying declaration, in circum­stance, not relied upon-Evidence Act (I of 1872), S. 32. (b) Evidence Act (I of 1872), S. 32-Incomplete dying decla­ration-Not admissible in evidence-Penal Code (XLV of 1860), 5.302. Cyril Waugh v. The King P L D 1949 P C 299 rel. (c) Penal Code (XLV of 1860), Ss. 302 & 100-Private defence, right of-Both prosecution and defence version uboui incident unreliable-Task of Court in sifting evidence, a delicate one-Discrepancies, in prosecution evidence, of serious nature-­Benefit of doubt necessarily given to accused-Both sides suppressing truth anti injuries found on persons of accused as well-Possibility of accused having acted in self-defence not ruled out-Accused, held, did not exceed their right of self-defence in circumstances of case. JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, is directed against the judgment of a Division Bench of the Lahore High Court, allowing Criminal Appeal No. 689 of 1969 and rejecting Murder Reference No. 226 of 1969. The respondent No. 1 herein was tried alongwith his brother Muhammad Rafiq and three others on charges under sections 148/ 149 and 323/149, Pakistan Penal Code, for having committee rioting variously armed with deadly weapons .in the evening of the 2nd of January 1968, and in furtherance of the common object of the unlawful assembly so formed committed the murder of their co-villager Muhammad Yusuf as also caused injuries to Muhammad Hussain and Allah Ditta. They were all convicted by the learned Additional Sessions Judge, Sialkot, on all the aforesaid charges and were sentenced to rigorous imprisonment for three years under section 148, Pakistan Penal Code and six months' rigorous imprisonment each on two counts under section 323/149, P. P. C. In respect of the charge under section 302/149, P. P. C., the first respondent was sentenced to death and the others were sentenced to transportation for life. They preferred a joint appeal against their convictions to the High Court, and the sentence of death imposed on…

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