Law:

Section:

Criminal trial------   ----Accused injured in fight with deceased-Pre sumption that accused was injured by the deceased-Doubtful, who attacked first-Benefit of doubt to go to accused.   When an accused person is found to have been injured in a fight with the deceased, and witnesses cLalming to have seen the occurrence try to suppress this fact, it will be reasonable to presume in the absence of any plausible explanation to the contrary, that the accused person was injured by the deceased, and further when it is doubtful as to which of them attacked the other first, the benefit of doubt will go to the accused person.   Date of hearing : 4-12-1958.    JUDGMENT   HABIBULLAH KHAN, J.7-This is an appeal by one Abdul Rahman of village Parang against the order of Mian Shakirullah Jan Additional Sessions Judge, Peshawar, whereby he has been convicted of an offence under section 302, P. P. C. for the murder of his co-villager Misri Khan and sentenced to transportation for life. A revision petition has also been presented for the enhance ment of the punishment.   Misri Khan deceased, Abdur Rahman appellant and some other persons were present in the village hujra at khuftan time when the appellant stealthily removed the handkerchief of the deceased from his pocket. Muhammad Sarwar (P. W. 6) noticed the theft and informed the deceased. The appellant resented the conduct of Muhammad Sarwar and started beating him. The deceased sided with Muhammad Sarwar and picked up a quarrel with the appellant. They exchanged abuses and also grappled. The villagers present there, however, intervened and separated them. This minor quarrel was the origin of the fight that took place between the parties on the following day at digar time in the village and resulted in the death of the deceased. Otherwise there was no previous enmity between them.   The deceased with a bundle of maize stalks on his head was returning home from his field at digar time, when the appellant met him by chance near the house of Shahzada Municipal Commissioner (P. W. 7). According to the prosecu tion version, the appellant gave knife blows to the deceased, as a result of which…