Law:

Section:

(a) Penal Code (XLV of 1860) --------- ----------S. 302 & 34 --------- Qatal-i-amd and common intention --------- Appreciation of evidence --------- Complainant did not mention anything about motive in FIR and reiterated the version as contained in First Information Report --------- Another eye witness who was son-in-law of the complainant, was not examined and one witness was presented by the prosecution to prove motive --------- No reason existed for prosecution for not examining the son-in-law of complainant an eye-witness of the incident --------- Testimony of single witness without corroboration could not be relied upon to award conviction --------- Prosecution story as narrated in the First Information Report was, therefore, not believable --------- Accused was acquitted and appeal allowed accordingly. (b) Penal Code (XLV of 1860) --------- ----------Ss. 97 & 99 --------- Self defence, right of --------- "Benefit" --------- Scope --------- Preconditions --------- Appreciation of evidence --------- Accused contended that he fired a single shot, followed by five shots in order to save himself, in self defence --------- Accused being a student of 10th class and a minor, had no motive to kill the deceased, he only fired a first single shot in order to save himself from being a victim of un-natural lust of deceased --------- Accused repeated second five shots as he saw that the accused was trying to catch him, and such circumstances cannot be said as exceeding right of self defence as repetition of shots might have been as a result of grave fear. (c) Criminal Procedure Code (V of 1898) --------- ----------S. 342 --------- Statement of accused --------- Acceptance or rejection of --------- Principles --------- If prosecution evidence was disbelieved by the Trial Court, the position taken by the accused under S. 342, Cr.P.C. was to be accepted or rejected as a whole. Muhammad Asghar v. The State PLD 2008 SC 513 rel. THIS JUDGMENT DELIVERED BY: CH. MUSHTAQ AHMAD, JUSTICE:---------- Mudassar Hanif convict has challenged his conviction and sentence through this Criminal Appeal No. 330 of 2007. He was tried by learned Additional Sessions Judge, Taunsa Sharif…

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