Law:

Section:

(a) Evidence Act (I of 1872)- - - , Ss. 105 & 106-Burden of proof-Onus to prove guilt of accused beyond reasonable doubt-Always rests on prosecu­tion-Onus at no stage shifts on accused to prove innocence or to make up for inability and failure of prosecution to produce evidence to establish guilt of accused-Accused failing to prove special pleading but succeeding in raising reasonable doubt-Accused, held, entitled to benefit of doubt not as a grace but as of right.-[Burden of proof]. Woolmington's case L R 1935 A C 462 and Rehman's case P L D 1977 S C 515 rel. (b) Penal Code (XLV of 1860)-- -- S. 302 read with Ss. 100 & 103-Murder-Right of self-defence, plea of-Benefit of doubt-Accused acting in exercise of defence of person as well as property-Held, entitled to benefit of doubt and acquittal, in circumstances. - [Benefit of doubt - Private defence, right of]. JUDGMENT This judgment disposes of Criminal Appeal No. 476 of 1979, filed by the appellants Vnd Crmrnal Revision No: 462 of 1979, filed by Abdul Majid complainant for the enhancement of the sentence of the appellants. This revision petition has been directed to be heard along with Cr. A. No. 476 of 1979. 2. Fateh Mtrhammad, Muhammad Salim, Bashir Ahmad and Nazir Ahmad have beeri<-convicted and sentenced by Malik Muhammad Afzal, Additional Sessions Judge, Sheikhupura, by his judgment dated 11-4-1979, as follows:- Under section 304, Part I, Bashir Ahmad to seven years' R., I. P. P. C . Muhaminad Salim to five years' R. I. and a fine of Rs. 500, or in default to two months' R. I. Under section 323, P. P. C Fateh Muhammad, Bashir Ahmad and Nazir Ahmad to one month's R. I. each on four counts and to pay Rs. 500, each as compensation or in default to two nionths' R. I. each. Out of the amount of compensation, if realised, Rs. 1700, were directed to be paid to the heirs of the deceased and Rs. 300, were directed to be paid in equal shares to the three injured P. Ws. The sentences on each count were ordered to run concurrently. 3.. The occurrence took place at 7 a. m. on 9-8-1976 in Mauza Walipur $oora. Report (Eich. P. G,) was lodged at 6 a. m. on 10-8-1976 by Abdul Majid (P. W. 5) which was recorded…

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