Law: Evidence Act, (1 of 1872)

Section: 105

Law: Pakistan Penal Code, 1860

Section: 300,302,304A

(a)Cimmal trial- Onus of proving essentials of charge on pro­secution Indian Penal Code, S. 300-Intention and knowledge to be proved by prosecution. When the accused had neither raised nor proved the plea of accident in his trial for an offence under section 302, Indian Penal Code, Held: (Per Khurshid Zaman r7.)-I am satisfied that the deceased received the fatal injury as the result of a discharge from the pistol Exh. P. 4, which, at the critical time, was held by the appellant. The question, however, still remains whether the appellant deliberately aimed at and shot the deceased with the intention of murdering him, or whether the pistol went off accidentally while the appellant was demonstrating to the deceased how people could be robbed with the help of a pistol. It is true that the appellant has neither raised nor proved the plea of accident in this case. It is, however, the primary principle of criminal law that the onus of proving the general issue, i.e., everything essential to the establishment of the charge against the accused, rests .upon the prosecution and never shifts, and it lies upon the prosecution to establish, on the whole case, and beyond reasonable doubt, the guilt of the accused. Before the appellant can be convicted under section 302, Indian Penal Code, it is the duty of the prosecution to prove such intention or knowledge as is mentioned under section 300, Indian Penal Code. (b) Evidence Act (I of 2872) S. 105-Criminal trial-Burden of A proving case covered by exceptions on accused-Nevertheless prosecution must prove ingredients of offence-Penal Code, S. 300. (Per Munir, Acting C.J.) :-Under section 105 of the Evidence Act the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code, or within any special Exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon the accused. Notwith­standing this statutory provision, however, the finding on the facts of this case must be that of not guilty of murder. In the language of section 300 of the Indian Penal Code the prosecution must prove that the act by which death is…

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