Law: Constitution of Pakistan, 1973

Section: 185 (3)

Law: Penal Code (XLV of 1860)

Section: 302, 304, 34

(a) Constitution of Pakistan (1973) Art. 185 (3)-Special Leave to Appeal-Accused A having been excluded in leave granting order not for reason of having not partici pated in crime but for reason of role played by him being minor, contention that conviction of accused S could not be based on evidence of witnesses involving accused 'A against whom leave was not granted which circumstances necessarily affected veracity of such witnesses held, without substance. (b) Penal Code (XLV of 1860) Ss. 302 & 304, Part I-Deceased unarmed and evidence no: indicating accused having received simple injuries in incident in question-Injuries received by accused two days prior to incident and such version of prosecution at least partly supported by medical evidence-Accused' version of having been beaten up by deceased with a sota at the occurrence in question not put to prosecution witnesses-Such suggestion only vaguely put to a witness not an eye-witness of occur rence and mention of sota allegedly used also not indicated-No evidence existing to show accused having been beaten by deceased so as to give accused right of private defence-Accused, held, guilty of murder and punishable under S. 302 read with S. 34, Penal Code, 1860 and conviction under S. 304, Part 1, Penal Code, 1860 read with S. 34 on ground of having exceeded right of private defence not correct recorded. Date of hearing : 23rd December, 1980 (at Rawalpindi).                                                                                                                                      JUDGMENT FAKHRUDDIN G.EBRAHIM, J.-Three respondents, Sultan, his brother Arif and their cousin Dilmir were tried by the Sessions Judge, Jhang, for the murder of one Sarwar. On conviction, Dilmir and Sultan were sentenced to death while Arif was awarded life imprisonment. In appeal and the…