Law:

Section:

(a) Penal Code (XLV of 1860)--------- ----------S. 302(b)---------Qatl-i-amd---------Appreciation of evidence---------Complainant, was not an eye-witness---------Mother of the deceased who appeared as prosecution witness, in her examination-in-chief had given no time, date of occurrence, nor any reason either of her presence at the spot or to accompany the deceased---------Statement of another witness also did not provide fundamental details of the incident in terms of point of time, date and reasons of his presence at the spot, where he was not supposed to be present at the relevant time---------Said witnesses, never joined Police investigation---------Injuries on the person of accused, though examined belatedly, belied the stance taken by the witnesses which supported the plea raised by accused---------Accused did not seem to have transgressed statutory immunity conferred upon him under S.100, P.P.C.---------Accused was acquitted from the charge; he being on bail his bond was cancelled and surety discharged, in circumstances. (b) Penal Code (XLV of 1860)--------- ----------Ss. 100 & 302(b)---------Qatl-i-amd---------Right of private defence, exercise of---------Exercise of such right could not be weighed in golden scales; it was a human response under the instinct of self-reservation to ward off a threat, while a prudent person with average nerves, could modulate having regard to the situation obtaining upon him; the re-action of accused was in accord with the stress of the situation confronted by him. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:--------- Muhammad Sarfraz alias Chappu left home situated in Colony No.3 Khanewal at about 11/12:00 night to visit his sister in Lahore within the view of his brother Muhammad Nadeem (PW-1) on 17-9-2005; news of his murder reached home on the following morning when Muhammad Nadeem, complainant (PW-1) in the company of Muhammad Saleem and Nazakat Ali reached the venue to find dead body of his brother in a pool of blood with Muhammad Sabir lying in injured condition. Zaitoon Bibi and Anwar Farooq, PWs were present there. Muhammad Anwar, appellant herein, a watchman was named as accused, who…

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