Law: Penal Code (XLV of 1860)

Section: 304,302/307/149/148/324/325

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   --Ss.304, Part I 302/307/149/148/324/325--Constitution of Pakistan (1973), Art.185(3)-- Right of self-defence, exercise of--Uncorroborated interested testimony --Case of free fight--Both parties receiving injuries--Petition against acquittal--Both parties receiving injuries during the incident--No motive given in F.I.R.--Ocular testimony although of injured prosecution witnesses coming forth from close relations of deceased--Recoveries made from accused party not stained with human blood--Trial Court found that occurrence was a free fight--High Court arriving at conclusion that accused had acted in exercise of their right of self-defence and acquitted the accused-­Impugned decision not being perverse and view adopted by High Court to the effect that it was a case of self-defence being probable which could be taken, Supreme Court declined to interfere--Leave to appeal was refused. ORDER DAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Bahawalpur Bench, whereby respondents 1 to 10 had been acquitted. These respondents alongwith one Ajmal who died during the trial were tried by the Additional Sessions Judge, Rahimyar Khan for offences under sections 302/307/149/148/324/325, P.P.C. and vide his judgment dated 30th January, 1986 they were convicted and sentenced as follows: Khair Muhammad and Baggu respondents were convicted under section 304, Part I, P.P.C. and each of them was sentenced to imprisonment for life plus fine. The remaining respondents were convicted under section 325, P.P. C. and each of them was sentenced to seven years R.1, plus fine. On appeal the Lahore High Court, Bahawalpur Bench as stated above acquitted all of them. The deceased in this case is Altaf Hussain, and five persons have been injured on the complainant side namely Abdul Wahid, Imdad Hussain, Liaqat Ali, Mushtaq Hussain and Safdar Hussain. They are closely related to the deceased and also eye-witnesses except Imdad Hussain. The occurrence took place at Maghrabwela on 10th May, 1980. F.I.R. was lodged on the same day a few hours later, None of the recoveries made from the members of the…

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