Law:

Section:

(a) Penal Code (XLV of 1860) ----S. 302-[Murder-Case]-Appreciation of evidence-Witness not related to deceased himself lodging report within 15 mintues of occurrence, and giving a natural account receiving full support from medical evidence-Witness procuring a cot, putting deceased thereon, and bringing dead body to Police Station-Neither proper to dub such witness a witness of chance nor fair to make his status as labourer a ground for rejection of his testimony-Such witness's testimony could at least call for corroboration--Corroboration available in evidence of recoveries attributed to accused--Genuineness of recoveries or credibility of prosecution witnesses not challenged-Recovery of closed blood-stained knife from pocket of deceased's jacket, however tried to be capitalised and plea of self-­defence urged in arguments-Plea of self-defence not specifically pleaded, injury on accused person, on his own showing, suffered accidentally a day prior to occurrence and doctor describing it as self-suffered-Knife being recovered in a closed state, theory of its being used by deceased completely belied-Plea of self-defence, held, could not be spelt out in accused's favour in view of its inherent improbability-Conviction, held, not faulty.-[Evidence-Private defence, right of]. Safdar Ali's case P L D 1953 F C 93 distinguished. (b) Penal Code (XLV of 1860)- -- S. 302-[Murder-cage]-Sentence - Accused according to his statement recorded 10 months after occurrence 16 years of age--­Accused a student and sent to Borstal Jail on conviction-Accused, held, between 16 and 18 years of age at time of occurrence--­Contention that accused gave his age as 21 years before Enquiry Magistrate not accepted in view of purfunctory manner in which particulars of accused and witnesses are recorded during enquiry--School certificate showing date of birth of accused not duly proved and as such inadmissible in evidence-No evidence led to show accused not being a youngster-Accused also sought to be abducted for purposes of carnal intercourse-Age of accused appellant, held, justified restoration of original sentence of life imprisonment in circumstances. Yusuf Khatak's case P L D 1973 S C 160…

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