Law: Pakistan Penal Code (XLV of 1860)

Section: 302(b)

Pakistan Penal Code 1860 (XLV of I860)-- —-S. 302(b)--Murder--Conviction and sentence-Appeal against--Plea of self-defence-Presence of eye-witnesses doubtful as according to post-mortem report, there was only one fire-arm injury on person of deceased but according to F.I.R. lodged by father of deceased, who had specifically mentioned in F.I.R. that appellant fired two shots (in fact one was entry and other was exit wound)-It was an unwitnessed occurrence-Statement of appellant is accepted in which he has taken plea of right of self-defence as it has been held by superior Courts that once case of prosecution has been disbelieved statement of appellant recorded u/S. 342 Cr.P.C. should be accepted in toto-Statement of appellant u/S. 342 Cr.P.C. accepted and while extending him benefit of doubt he is acquitted from all charges-Conviction and sentence awarded to appellant set aside. IP. 495] A & B Date of hearing: 25.2.1999.                                                                                                                                             judgment This judgment will dispose of Criminal Appeal No. 108 of 1996 filed by Javed alias Kali Khan and Criminal Revision No. 59 of 96 filed by the complainant, Muhammad Iqbal Khan against the appellant for the enhancement of sentence of the appellant. Appellant was convicted and sentenced by learned Additional Sessions Judge, Multan on 1.4.1996 to undergo life imprisonment as a "Tazeer", for the murder of Dilshad alias Shada under Section 302(b), PPC. He was further directed to pay Rs. 20,000/-as compensation to the legal heirs of the deceased Dilshad alias Shada, in default six months R.I. Benefit of Section 382-B, Cr.P.C. was also granted to the appellant. 2. The occurrence in this case took place on 14.3.1995 at 2.00 p.m. in the area of…