Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Penal Code (XLV of 1860)

Section: 302, 304, 100

(a) Evidence Evaluation of-Principle of falsus to uno falsus in omnibus-Not adhered to by Judiciary in Pakistan--Judiciary on contrary, held, apply principle of sifting grain from chaff. (b) Criminal Procedure Code (V of 1898) S. 154-First Information Report--Not an exhaustive document-Minor details, held, seldom find place in such reports. (c) Penal Code (XLV of 1860) Ss. 302 & 304, Part I read with S. 100--Murder-Right of self -defence --- Deceased being unarmed giving no apprehension to accused of death or grievous hurt--Possibility that some dispute over gambling took place, between parties, on previous occasion in which deceased gave abuses to accused and on coming across each other per chance, confrontation culminating in infliction of stab wounds to deceased, existing-Circumstances also suggesting that some sort of grappling between parties preceded fatal attack on deceased-Accused, held, far exceeded his right of self-defence and at best could apprehend simple hurt at hands of accused-By way of abundant caution conviction under S. 302, P. P. C. altered to one under S. 304, Part I, P. P: C., in circumstances.-[Private defence, right of]. Muhammad Feroze v. Muhammad Arif and another 1976 S C M R 497 ref. Date of hearing: 7thJuly, 1980.                                                                                                                                    JUDGMENT AFTAB FARRUKH, J.-Mr. Masud Ahmed Ansari, Sessions Judge, Faisalabad, by his judgment dated 9th May, 1979, has convicted Ehteshamul Haq alias Shamun Khan appellant under section 302, P. P. C. for the murder of Bashir Ahmad deceased and sentenced him to death and a fine of Rs. 2,000 in default of payment of which he will suffer two years rigorous imprisonment. The fine, if realised has been directed to be paid to the heirs of the deceased as compensation. The…