Law: Pakistan Penal Code, 1860

Section: 103

Penal Code (XLV of 1860)---S.103--Murder--Plea of self-defence--Appeal against acquittal--Dead body of real brother of accused found near dead body of deceased-­Recovery of blood-stained knife from a nearby field, coupled with fact that after committing murder, accused did not abscond but remained at place of occurrence till arrival of complainant, other witnesses and police, held, was sufficient to raise a reasonable doubt that as pleaded by him defence, accused had killed deceased in defence of his brother who was being attacked by deceased--Principle enunciated in Safdar Ali's case P L D 1953 F C 93 was fully attracted to case of accused--Accused 's case being covered by provisions of S.103, P.P.C., he deserved to be acquitted in circumstances.--[Private defence, right of). ORDER ASLAM RIAZ HUSSAIN, J.-- Haji Gul Muhammad has filed the present petition against the acquittal of Muhammad Ramzan respondent of the charge under section 302, P.P.C. 2. Muhammad Ramzan was accused of murdering Abdul Hamid on 12-11-1974 at the sunset time at Chah Shamirwala, Police Station Kabir­wala, District Multan. The F.I.R. was lodged on the same day by Haji Ghulam Rasool a brother of the deceased (who has since died). It was recorded by Muhammad Afzal, S.I. (P.W.9). 3: The facts of the prosecution case as stated by Haji Ghulam Rasool, complainant, in the F.I.R. are that he was present at his Dera at about sunset time on 12-11-1974 when Sikandar P.W.6 came and informed him that he and 7afar P.W.5 were returning from Qita Altaf Hussain after purchasing firewood and when they reached near the place of occurrence they saw Muhammad Ramzan (respondent) giving Kasai blows -to Abdul Hamid as a result of which he died. The complainant thereupon accompanied Sikandar P.W. along with some other persons, to the spot and found his nephew Abdul Hamid lying murdered. Blood­stained Kassi was also lying nearby. They also noticed that the dead body of Muhammad Hussain, a brother of Muhammad Ramzan respondent, was lying in a Khal at some distance. It may be mentioned that the accused-respondent had not run away after murdering Abdul Hamid, but was still standing there. On inquiry he told the P.Ws.…

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