Law:

Section:

Penal Code (XLV of 1860) -----S. 302 read with S. 100 and Criminal Procedure Code (V of 1898), S. 411 Murder Appeal against acquittal Plea of self defence raised by accused not ruled out Evidence of eye witnesses and dying declaration of deceased remaining uncorroborated Held, prosecution has failed to prove accused's guilt-Appeal dismissed.¬[Appeal against acquittal Private defence, right of]. ORDER DORAB PATEL, J. As Umar Jan and his brother Sultan Jan were going from their village Tattar Khel to village Land Kamar, they were waylaid and Umar Jan was shot dead whilst Sultan Jan was injured. The respondent Kohistan to whom we will refer in this judgment as the respondent was charged together with his brother who is absconding for the murder of Umar Jan and for causing injuries to Sultan Jan. As the respondent's brother .was absconding only the respondent was tried under sections 302/34 and 404/34, P. P. C. by the learned Sessions Judge, Kohat, who by his judgment dated 11th November, 1974 convicted the respondent for murder and sentenced him to life imprisonment. He also convicted the respondent under section 324,/404, P. P. C. and sentenced him to one year's R. 1. and two years' R. 1. respectively. All the sentences were to run concurrently. The respondent challenged his convictions in an appeal in the Peshawar High Court which was allowed, therefore, the State filed an appeal against the respondent's acquittal and we have heard this appeal with the assistance of the learned counsel for the parties. The respondent admitted that there had been a scuffle between him and his brother and between the deceased and. his brother, Sultan Jan. But, his case was that it was the deceased and his brother, who had attacked him, therefore, he had inflicted injuries on Sultan Jan in self defence and he further said that a shot aimed at him by Sultan Jan had accidentally hit Umar Jan and killed him. As the respondent thus admitted his presence at the occurrence, the real question in this appeal is how the occurrence took place. In order to prove the occurrence, the prosecution examined Sultan Jan and his cousin, Qayyum, as eye witnesses of the occurrence and the prosecution…

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