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Penal Code (XLV of 1860)--Ss.302/149, 148 & 323/149--Evidence, appraisal of--High Court considered two versions of case in juxtaposition and found plea of accused sufficiently well­established from prosecution evidence itself which was sufficient to cause a reasonable doubt on prosecution version--No effective weapon was used during the occurrence--Right of private defence was held to extend to causing injuries-­View taken by High Court in acquitting accused persons could reasonably be -taken on evidence on record--No question of taw arose requiring further examination--Leave to appeal refused. Muhammad Asif Jan, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioner. Mian Aftab Farrukh, Advocate Supreme Court and Sh. Masood Akhtar, Advocate-on-Record for Respondents Nos.l to 7. Muhammad Akhtar, Additional Advocate-(general Punjab and Rao Muhammad Yousaf Khan, Advocate-on-Record for Respondent No.8. Date of hearing: 15th November, 1988. JUDGMENT SHAFIUR RAHMAN, J.--The petitioner, a complainant in a case registered against the seven respondents under sections 302/1.19, 1-i8, 323/149. P.P.C. seeks leave to appeal against the judgment of the Lahore High Court, Multan Bench, dated 22-9-1985, whereby their plea of private defence of their person prevailed and giving them the benefit of doubt they were acquitted of the charges. 2. According to the prosecution case there was at 3-00 p.m. a collision of tractors of the complainant and of the respondents on 1-1-1982 which gave rise to exchange of abuses. At 4-30 p.m. the same day, the respondents appeared at the Dhari of the complainant, opened an attack causing injuries to Bashir who died at the spot, the petitioner (Habib) and to Chiragh P.W.7. Mst. Saima Bibi, the mother of the deceased had also received injuries but she did not appear as a witness. The respondents pleaded that they were returning from the Ziarat and were on the path in front of the Dhari of the complainant when they were attacked and exercising their right of private defence of person some injuries were caused to the complainant side. Noor Muhammad respondent denied his presence or participation. The respondents were…

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