Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Penal Code (XLV of 1860)--   ---S.302--Criminal Procedure Code (V of 1898), S.342--Right of self-defence accepted though not specifically raised--Effect--Plea of self-defence accepted though not raised specifically in statement recorded under S.342, Cr.P.C.--Where from circumstances of case right of self-defence could reasonably be spelled out for accused, it could not be denied to him.--[Private defence, right of].   (b) Penal Code (XLV of 1860)--   ---S.302--Appreciation of evidence--One-sided version given by each party--Entire truth not disclosed by either of them--Prosecution not giving correct version of occurrence--Acquittal of accused impugned-­No misreading of evidence by High Court nor any material evidence ignored--Judgment, held, had not resulted in miscarriage of justice.   ORDER MUHAMMAD AFZAL ZULLAH. J.--Leave to appeal has been sought by the complainant-side in a murder case, from judgment of the Lahore High Court; whereby appeal of respondent No.1 against his conviction and sentence of imprisonment for life and fine, was allowed and he was acquitted. Originally in addition to the said respondent, three more persons were charged by the petitioner-side; two were not challaned by the police, and the third one who is respondent No.2 herein having been challaned was acquitted by the trial Court. The petitioner-side had moved a revision against the acquittal of respondent No.2 but that also was dismissed by the High Court. The accused/ respondents when armed with gun and rifles allegedly were responsible for the death of Mohammad Hayat deceased. The motive alleged was that Ghulam Qadir and Mohammad Ramzan P.Ws. had hurled an indecent joke on Mst.Zarina, a close relation of Dost Muhammad respondent. Therefore, in order to avenge this insult, the four accused attacked the complainant-side in which the deceased suffered six injuries while Dost Muhammad and Asghar respondents suffered 11 and 5 injuries, respectively. Dost Muhammad accused had, on the other hand, as a counter-blast in his statement under Section 342 Cr.P.C. stated that the accused-side had insulted a woman of the complainant party, therefore, the latter attacked…

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