Law:

Section:

(a) Penal Code (XLV of 1860)-Ss. 302 & 304, Part I-[Murder case]-Benefit of doubt-Indication as to whether reasonable doubt exists in prosecution case-Can necessarily be given by sum total of evidence, necessitating consideration of not only evidence but also plea of accused.-(Benefit of doubt]. The State v. Rab Nawaz and another P L D 1974 S C 87 ref. (b) Penal Code (XLV of 1860)- Ss. 302 & 304, Part I read with S. 100-[Murder case]-Private defence, right of-Evidence disclosing circumstances raising inference of defence version being possibly true-Benefit of inference must go to accused--Accused, however, putting inconsistent suggestions to prosecution witnesses and none of such suggestions in terms ' of plea of self-defence (accused being uncertain about defence to be taken) suggestions, held, react on plea of self-defence-Plea of self- defence not taken, no question put to any prosecution witness whether deceased opened attack on any accused, no witnesses asked whether deceased was armed, inference of accused being first assaulted by deceased, held, cannot be drawn merely from injuries on person of an accused -[Private defence, right of]. The plea of right of self-defence was not pleaded by any of the accused. But regardless of it, it is now a well-established principle that if the evidence discloses circumstances from which a reasonable possibility of the defence being true can be inferred, benefit of that must go to the accused. However, contrary to the plea inconsistent suggestions were put to the witnesses arid none of it was in terms of the plea of self-defence. Apparently the accused were not certain about the defence to be taken and it was, therefore, that such inconsistent suggestions were made to the prosecution witnesses, which to an extent would react on the plea of self defence. No question was put to an,, of the prosecution witnesses as to whether it was the deceased who had, opened the attack on the first accused. In its absence no foundation was laid in the prosecution evidence for raising this plea, If is was the defence case that the deceased was armed then it Was necessary for the accused to have questioned the witnesses on this…

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