Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302/307/394/397/342/148/149/379---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider reappraisal of the entire material as High Court had omitted the notice the support which the counter-­version of accused had received from six bullet marks on the Varandah of their Dera admittedly found by the Police Officer. (b) Penal Code (XLV of 1860)--- ----S. 302/307/394/397/342/148/149/379---Appreciation of evidence--­Complainant was corroborated by other injured eye-witnesses who had wholeheartedly supported and confirmed his version of the incident---Accused had failed to substantiate their plea of private defence and the presumption could not be ruled out that the bullet marks on the accused's verandah could have been caused from the firing of the accused themselves ---Acused had the motive for the, occurrence---Convictions of accused were upheld in circumstances. (c) Penal Code (XLV of 1860)--- ----S. 302/149---Sentence---Mitigating circumstance---Accused at the relevant time of incident were below the age of sixteen years which was an extenuating circumstance for not awarding, capital punishment---Case of accused was also covered by the benefit of amnesty---Sentence of death awarded to accused was reduced to imprisonment for life in circumstances. ---[Age]. (d) Penal Code (XLV of 1860)--- ----S. 302/307/394/397/342/148/149/379---Defence plea-.--Burden of proof--­When defence plea is raised, burden of prosecution to prove the case beyoud doubt is never diminished or reduced and prosecution has to prove its case in the same manner regardless of defence plea---All that defence has to do is to substantiate its plea in such a way that doubt is created with regard to the truthfulness of the prosecution story. JUDGMENT SAJJAD ALI SHAH, C J.--Eight accused persons including five appellants herein were put on trial for offences under sections 302/307/394/39 and 379, P.P.C. in the Punjab Special Court No. IX for Speedy Trials, Gujranwala and from them three, namely, Ghulam Haider, Muhammad Shafi and Fazal Karim were acquitted as their case was found to be not free from doubt and the remaining five were…

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