Law:

Section:

(a) Criminal trial-Maxim: Falsus in uno falsus in omnibus---- Dying declaration of deceased attributing no weapon to co-accused but stating that they had merely caught hold of him while being attacked by accused-Eye-witnesses, however, deposing co-accused armed with weapons (spade and stick)-Circumstances indicating occurrence as single-handed fight between deceased and accused---- Evidence in respect of co-accused, in circumstances, disbelieved. Gulzaman and others v. Emperor A I R 1935 Pesh. 50 rel. (b) Penal Code (XLV of 1860), Ss. 302/34-Dying declara tion - Credibility - Two statements of deceased conflicting with reference to names of eye-witnesses, suppressing circumstances under which accused received injuries and also falsely entangling two other inn,)cent persons-One eye-witness explaining injuries of accused as having been inflicted by deceased-Credibility of dying declarations and prosecution, in circumstances, disbelieved Evidence Act (1 of 1872), S. 32. (c) Penal Code (XLV of 1860), Ss. 97 & 100-Private defence, right of-Fight ensuing between deceased and accused due to dis pute over grazing of cattle-Fight taking place in common pasture of village-Evidence on record not indicating who started the fight first-Injuries of sharp weapon found on person of accused as well-Prosecution story as to how the fight started disbelieved by Court-Accused's plea of self-defence of person, in circumstances, accepted in its entirety and accused, held, entitled to acquittal. JUDGMENT SHAH ZAMAN BABAR, J.----- Bakht Jamal (28), his brother Quresh (23), sons of Izzat Shah and Dawar (23), son of Saifoor, residents of village Spin Kani, Tehsil Swabi, District Mardan, were tried under section 302/34, P. P. C. for the murder of Lai Bahadur deceased, by the Additional Sessions Judge, Mardan. The trial Judge, by his judgment, dated 16th September 1967, convicted the three appellants under section 302, P. P. C. and sentenced each of them to transportation for life. The three convicted persons have appealed to this Court. Mahbub Shah petitioner has lodged a revision petition for the enhancement of the sentence of the three appellants. This revision petition was…