Law:

Section:

Penal Code (XLV of 1860)--Ss. 302/34, 307/34 & 32,4/34---Constitution of Pakistan (1973), Art. 185(3)---Appeal against acquittal of accused---Leave to appeal was granted for reappraisal of evidence in the light of the contentions whether High Court was justified in acquitting the accused on the ground of exercise of right of self­defence in absence of any finding as to who invited the attack and whether High Court was also justified to ignore the ocular evidence of the injured prosecution witnesses merely because an injury to one of the accused had not been explained. JUDGMENT FAZAL ILAHI KHAN, J.---Leave to appeal is prayed for against the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi; whereby the convicts Criminal Appeal No.141 of 1988, was accepted and respondents Nos. l and 2 were acquitted and by the same judgment the State. Appeal No. 149 of 1988 for setting aside the order of acquittal of respondents Nos. 3 and 4 and enhancement in the sentence of respondents Nos.l and 2, was dismissed. The prosecution case unfolded by Muhammad Safdar complainant in his report lodged to Asad Ullah Khan, A.S.I., on 27-5-1988 at 7-45 p.m. is that on the day of occurrence at about 5 a.m. he and Baqar Khan son of Jaffar Khan, his deceased father, were present in their house situated in village Gangothi when Abdur Razzaq son of Abbas came there and started abusing them to which he took an exception. The, altercation attracted Haji Adalat son of Muhammad Khan, Auraugzeb son of Adalat Khan, Zahoor son of Mansabdar, Abdul Ghafoor son of Mansabdar, Muhammad Akram and some others to the spot. Abdur Razzaq called out Nazir son of Bashir, Rustam Ali son of Rahim Ullah, for his help. On their arrival there was exchange of hot words. In the meantime Nazir and Bashir left the spot and after a while appeared duly armed with .12 bore shotguns and challenged the complainant party for dire consequence for having demolished the wall. Abdur Razzaq drew out a revolver from his trousers folder. Nazir armed with 12 bore gun fired at Abdul Ghafoor which hit him on his chest and fell down on the spot. Abdur Razzaq fired with his revolver which hit on the frontal side of the…

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