Law: Pakistan Penal Code (XLV of 1860)

Section: 337-A(i)

(a) Penal Code (XLV of 1860)-------5.337-A(i)---Appreciation of evidence---Motive behind the occurrence was not proved---Medical evidence was not in consonance with ocular evidence--�Prosecution had, thus failed to establish its case against accused beyond doubt---Accused was acquitted accordingly.(b) Penal Code (XLV of 1860)-------5.302(a) & (c)---Appreciation of evidence---Accused had raised a specific plea of self-defence---Eye-witnesses were real brothers of the deceased and injuries on their persons had proved their presence at the spot, but they could not be held to have stated the true facts of the case---Occurrence had taken place on the spur of the moment without premeditation and what actually transpired immediately before the occurrence was shrouded in mystery--�Accused had given one "Sairoo" blow on the head of the deceased and did not repeat the same---Accused had no intention of causing death of the deceased, nor had he the knowledge that the injury given by him was likely to cause death---Accused, thus, was not liable for "Qatl-i-Amd" punishable with death as "Qisas"---Conviction of accused under S.302(a), P.P.C. was altered to S.302(c), P.P.C. and he was sentenced to undergo ten years' R.I. in circumstances.(c) Maxim------ Maxim "falsus in uno falsus in .omnibus" has no universal application--�Court can sift the grain from the chaff and convict the accused whose guilt is established beyond any doubt and acquit the accused whose involvement is not free from doubt.---[Criminal trial].JUDGMENT MIAN ABDUL KHALIQ, J.---Talib Hussain (18 years) and Ghulam Sarwar (45 years) were tried by the learned Additional Sessions Judge, Rehimyar Khan for the murder of deceased IqbarHussain and causing injuries to Nazar Hussain (P.W.3) and Fazal Hussain (P.W.4); and vide his impugned judgment dated 23-5-1992, Talib Hussain appellant wan convicted and sentenced under section 302-A, P.P.C. to death as Qisas; tlpe co-accused Ghulam Sarwar was acquitted of the charge, and Talib Hussain and Ghulam Sarwar appellants were also convicted and sentenced under section 337-A(i), P.P.C. to Daman of Rs.2,000 on each count payable to each injured P.W. and Ta'zeer…