Law:

Section:

(a) Penal Code (XLV of 1860)-- Ss. 148/302/149, 307/149 & 100 Both parties suppressing true facts Court, held, cannot satisfactorily determine question as to who was aggressor and who victim of aggression Resultant damage caused by complainant side as compared with injuries received by deceased and injured witness showing that shortlived attack was delivered by deceased party without aid of lethal weapons Accused party using guns and sharp edged weapons resulting in grievous injuries causing death of three persons Attack launched by accused¬ Sustained and carried out with great determination and without regard to consequences Plea of self defence set up by accused, held further, not available in circumstances. Syed Ali Bepari v. Nibaran Mollah P L D 1962 S C 502 and Ibrahim v. State P L D 1961 S C 200 ref. (b) Penal Code (XLV of 1860) ---S. 302/307/148/149 Common object attributed to unlawful assembly constituted by accused failing Rest of accused can be convicted only if there is independent corroboration establishing their participation No reliable recovery evidence present against accused¬ Possibility of usual exaggeration made by complainant to rope in as .many members of accused party cannot be excluded satisfactorily¬-No reliable evidence available as to how fight started Only course for Court is to make each of accused who participated in occurrence to be responsible for his own acts Accused, held, entitled to benefit of doubt in circumstances. [Benefit of doubt]. (c) Penal Code (XLV of 1860) ---S. 302/307/149 None of injured accused attributed fatal injuries Conviction under S. 302 of any of remaining accused, held, not sustainable. (d) Penal Code (XLV of 1860)-- S. 302/307/149 Accused using gun at two persons one of which was on vital part of body and other on back side of right shoulder covering area of 6½'' x 5 leaving some pellets under injury Liability of accused, held, fell under S. 307, P. P. C. on two counts. (e) Penal Code (XLV of 1860) S. 302/307/149 No part attributed to accused in F. I. R. as well as in statement of complainant Participation of accused in crime being not flee from doubt, accused, held, entitled to benefit of doubt.…

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