Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 304, Part I & 100---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine whether the accused could at all be given the benefit of (exceeding) the right of private defence. (b) Penal Code (XLV of 1860)--Ss. 304, Part I, 302 & 100---Constitution of Pakistan (1973), Art. 185--­Appraisal of evidence---High Court had failed to notice that the accused's version was contrary to the medical evidence on record which clearly suggested that the deceased was fired at from a distance of 3 to 4 feet---Evidence did no: show that the deceased had launched any attack on the accused when he was fired at---Accused also did not suffer any injury during the entire. episode which could support his plea that he was entitled to act in self-defence--­Prosecution version of the incident was, thus, more probable and in accord with the evidence on record---Conviction of accused was consequently altered from S. 304, Part I, P.P.C. to S. 302, P.P.C. and he was sentenced to suffer imprisonment for life thereunder in the circumstances. (c) Penal Code (XLV of 1860)--- ----S. 302---Sentence---Mitigating circumstances---Motive alleged by the prosecution could not be established and both the parties appeared to have withheld from the Court the real cause leading to the incident---Penalty of death, held, was not justified in the circumstances. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J.---The above appeal with the leave of this Court is filed by the complainant in a criminal case to call in question the order of the Lahore High Court dated 25-11-1990, whereby the learned High Court refused to confirm the death sentence awarded to respondent by the trial Court under section 302, P.P.C. and accepted the appeal of respondent No.1 partly altering his conviction from sections 302, P.P.C. to 304, Part 1, P.P.C. and awarded him sentence of 7 years' R.I. and fine of Rs.5,000 and in default of payment of fine to undergo further R.I. for one year with benefit of section 382-B, Cr.P.C. Leave was granted in the case to consider the following contentions:-- "After hearing the learned counsel who argued that the bare statement of the…

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