Law:

Section:

(a) Penal Code (XLV of 1860)----Ss:302 & 307---Two versions---In a case of two versions of the occurrence both the versions have to be kept in juxtaposition and the one favourable to the defence is to be preferred, if the same gets some support from the admitted facts and circumstances of the case and appeals to common sense.---Criminal Trial]. (b) Penal Code (XLV of 1860)--Ss.300 Exception 1; 302 & 307---Grave and sudden provocation---Occurrence admittedly had taken place in front of the house of accused where 't' the complainant party had no business to be present and such fact by itself had corroborated the accused's version that complainant party had initiated the occurrence by calling his father from his house---Prosecution had failed to produce, any independent witness in support of their version- --Prosecution witnesses had suppressed the material fact of the accused having received grievous injuries during the occurrence which had been proved on the record--­Accused having seen his father in a naked state obviously was likely to get gravely and suddenly provoked to the extent of losing self-control and having been attacked in such a situation by the complainant party as well resulting in grievous hurt to him, accused was fully entitled to the benefit of provisions of self-defence entitling him to acquittal---Accused was acquitted in circumstances. Khalid Javed v. Anwar Khan 1987 SCMR 1043; Mashal Khan v. The State PLD 1985 SC 25 and Muhammad Ramzan v. The State 1988 SCMR 662 ref. JUDGMENT WALI MUHAMMAD KHAN, J.---Muhammad Younas appellant has, through leave of the Court, called in question the order dated 5-11-1988 passed by the Lahore High Court Rawalpindi Bench, whereby his appeal against his conviction under section 302/307, P.P.C. was partially accepted to the extent of reducing his death sentence to life imprisonment. The leave granting order is as follows:-- "Admittedly, the petitioner had more than one injury on his person and one of which was grievous. These injuries have not been explained by the prosecution, In the circumstances, I think the whole case requires re-examination in order to consider whether the petitioner has been…

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