Law:

Section:

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 5th February 1962, in Criminal Revision No. 270 of 1961).   Special leave to appeal to Supreme Court----(Criminal case)-Granted on consideration that prosecution witnesses had given evidence in more than one senses, and to consider regularity of use of counter-report lodged by accused-Constitution of Pakistan (1956), Art. 160.   First Information Report----Counter report lodged by accused 1-1/2 hours after complainant's report-May be used against accused, but not as substantive piece of evidence-May be put to accused in course of examination-Not, however, substantive piece of evidence Criminal Procedure Code (V of 1898), Ss. 154, 161 & 342 [Evidence Act (I of 1872), S. 157]-[Shahamad v. The State P L D 1956 S C (Pak.) 238 ref.]   Private defense, right of----Not specifically pleaded by accused-Plea would be allowed only on basis of "very clear evidence"-Aggression by other party not established-Plea not available to accused-Not substantiated by presence of slight injuries on person of accused.   In a case where the accused persons themselves do not specifically plead self-defense, the plea can only be allowed on the basis of very clear evidence available on the record, which would go at least to the extent of showing that it was reasonably possible that the accused persons had acted in self-defense.   In the absence of proof of aggression by the opposite-party, the plea of self-defense is not available, and ordinarily cannot be thought to be established by the mere existence of slight injuries on the persons of the accused.   Penal Code (XLV of 1860), Ss. 307 & 308-Respon sibility for out-break of violence resting equally on complainant's and accused parties-Sudden quarrel leading to sudden fight Stone-throwing from complainant's side-Use of fire-arms from accused side-Use of fire-arm not resulting in death on complainant's side-Accused deemed to have attempted to cause culpable homicide not amounting to murder-Conviction changed from under S. 307 to one under S. 308-Sentence reduced from…