Law:

Section:

(a) Constitution of Pakistan (1973)--- -Art. 185(3)--Penal Code (XLV of 1860), Ss. 302 & 326--Leave to appeal granted to two brothers, one convicted under S. 302, P.P.C. and sentenced to life imprisonment and other convicted under S. 326, P.P.C. and sentenced to ten years' R.I. "to examine evidence in order to avoid any miscarriage of justice". (b) Penal Code (XLV of 1860)-- --- S. 302--Appraisal of evidence--None of eye-witnesses had stated about injuries caused to accused though these were noticed by police officer immediately after occurrence when he arrested accused from inside Kotha (place of occurrence)--Danda attributed to accused and Kahi attributed to complainant were in act recovered by police during investigation of cross-case--Nature of injury on person of deceased supported version of accused--Fact that accused had a counter-version charging deceased and complainant of attack on him strengthened by circumstances--Held, suppression of injuries of accused by all eye­ witnesses; his counter-version getting support from recoveries of Kahi and Danda from house of complainant made prosecution case of one-sided attack highly doubtful and lent credence to plea of accused-Accused acquitted in circumstances. M. Qasim Imam, Advocate-on-Record (absent) for Appellants. Bashirullah Khan, Asstt. A.-G. N.W.F.P. for the State. Date of hearing: 10th June, 1985. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to the two brothers, one convicted under section 302, P.P.C. and sentenced to life imprisonment and the other convicted under section 326, P.P.C. and sentenced to ten years' R.I. "to examine the evidence in order to avoid any miscarriage of justice". The appellants and the deceased Dost Muhammad had their houses opposite each other in a lane in village Jabbar Wala, Police Station Saddar, District Dera Ismail Khan. On the 27th of March, 1973 at about Deegarwela, there was a dispute between the deceased on one side and the two appellants on the other over the raising of the wall by Dost Muhammad, which wall the appellants thought was theirs and Dost Muhammad had nothing to do with it. The altercation in the lane attracted Shah Nawaz complainant…

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