Law: Evidence Act (I of 1872)

Section: 105, 114

Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Penal Code (XLV of 1860)

Section: 100

(a) Evidence Act (I of 1872), Ss. 105 & 114, Illus. (g) Evidence-Burden of proof-Much lighter on accused as compared to that on prosecution-Accused not required to prove his case to hilt but only to show from material on record, including prosecution evidence, a reasonable possibility of defence version being correct -Accused may take any plea (grave and sudden provocation, self defence etc.) if spelt out from material available on record, even at a later stage, if not taken earlier-No adverse presumption, held, can be raised against accused, if no evidence produced in support of his plea. Government of Bombay v. Sakur A I R 1947 Rom. 38 and Emperor v. Muzafar Hussain A I R 1944 Lab. 97 ref. Safdar Ali v. The Crown P L D 1953 F C 93 rel. (b) Criminal Procedure Code (V of 1898), S. 417--Appeal against acquittal-Very first account of incident given by complainant completely omitting to mention part played by deceased and pro secution witnesses and numerous injuries, offered during incident by accused-Belated attempt by P. Ws. to explain away injuries suffered by accused-Of no avail-Number and nature of injuries inflicted on accused showing accused's reasonable apprehension of hurt at hands of complainant party, such injuries being clearly aimed at vital parts of accused's body-Accused, held, entitled to cause death in defend ing their persons .In circumstances-Penal Code (XLV of 1860), S.100.                                                                                                                       ORDER This is a revision against acquittal, filed by Mohammad Aslam complainant against Mohammad Dosa, Ali and Ghulam Ali, respondents. The four respondents were tried by the learned Additional Sessions Judge, Sargodha, for offences under sec tion 302/323/34, P. P. C., for the murder of Mohammad Azam and for causing simple injuries to Mohammad Hayat P. W.…