Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Defence version---Plea of self-defence, grave and sudden provocation or sudden flare-up etc.---Onus to prove--­Principles---Where a specific defence was put forward the accused person had to establish that his plexwas reasonably true and the possibility could not be ruled out that accused was compelled to act due to the circumstances urged in the defence statement---Burden on accused person could not be equated with the burden of proof which lay on the prosecution to prove its case---Prosecution, in order to bring home the guilt of the accused person had to prove its case beyond doubt---Benefit of any doubt emerging from the prosecution case would accrue to the accused person---Where the accused had taken up a specific plea of self­defence, grave and sudden provocation or sudden flare-up etc. accused was not burdened to prove the same beyond doubt. (b) Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Plea of self-defence as well as grave and sudden provocation---Deceased had abducted sister of the accused and married her against the will of the accused party, furthermore criminal litigation in ­between the parties remained pending---Some grappling took place between the deceased and the accused---Where the deceased had made some provocative remarks or had made an obscene exposure, the accused should not have retaliated in the manner as he did by inflicting successive blows of "Churri" to the deceased---Death sentence awarded by Trial Court was set aside and accused was sentenced to imprisonment for ten years under S. 302(c), P.P.C. with benefit under S. 382-B, Cr.P.C. JUDGMENT ZAFAR PASHA CHAUDHRY, J.---Murder Reference No.201 of 1994 and Criminal Appeal No.489 of 1994 as well as Criminal Revision Nb.539 of 1994 have been taken up together for disposal as all the three arise from common judgment, dated 8-8-1994 passed by Ch. Muhammad Nawaz, learned Additional Sessions Judge-I, Bhakkar, whereby the appellant Muhammad Amjad was convicted under section 302, P.P.C. and was sentenced to death. he was also ordered to pay a compensation of Rs.10,000 to the legal heirs of the…

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