Law: Penal Code (XLV of 1860)

Section: 300

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 8th October 1962, in Criminal Appeal No. 6 of 1962).   Penal Code (XLV of 1860), Ss. 300, Exception 2, 302 and 304, Part 1-Right of self-defence-No evidence in support except accused' s own statement-Court to place in juxtaposition prosecution and defence version against background of proved facts and cricumstances and consider whether case set up by accused was not reasonably possible one-Explanation, put forward by accused for his conduct, as worthy of acceptance as that given by prosecution-Accused' s version treated as reasonably possible Conviction under S. 302 altered to one under S. 304 Part I.   Safdar Ali's case P L D 1953 F C 93 ref.  JUDGMENT   CORNELIUS, C. J.--The conviction of the appellant Shamshad under section 302, P. P. C. and a sentence of transportation for life were awarded by the High Court on appeal by the State against his acquittal of the offence of murder at trial, where he was however convicted under section 304, Part II, and awarded a sentence of 7 years' rigorous imprisonment. Accordingly, this appeal is brought before us as of right.   The appellant was aged about 14 years at the time of this occurrence, in which all the participants were boys of about his own age, namely, the deceased Abdul Shakoor, aged about 15, Muhammad Shafiq, P. W. 2, about 12, Abdul Qadir, P. W. 4, about 12, Gul Muhammad, P. W. 5, about 14, and Malik Taj, P. W. 6, about 14. On the 14th July 1961, in the afternoon, the five boys other than the accused were playing in the water of a stream flowing about 10 paces away from their village Kalu Shah in the district of Mardan. In the initial report, made by the victim, Abdul Shakoor, Shamshad accused is said to have come there and ordered the deceased not to bathe in that water and to go away. Abdul Shakoor insisted on bathing there, and there was an altercation in which abuses were exchanged.   Shamshad entered the water caught hold of Abdul Shakoor and gave him a ducking where upon he freed himself and ran out of the water. Shamed too came ran out and put on…