Law: Penal Code (XLV of 1860)

Section: 302/337-F/34

Penal Code (XLV of 1860)---   ----Ss. 302/337-F/34---Appreciation of evidence---All the four eye¬witnesses including two injured were the natural witnesses of the incident, being residents of the house within same enclosure by the side whereof the incident happened---Accused had not denied their presence at the time of incident and they also could not deny the presence of injured witnesses---All four witnesses were cross-examined at length, but nothing was extracted which could render their substantial evidence on the question of injuries received by the deceased and two of them, unbelievable and doubtful---Evidence on prosecution side had proved participation of both the accused in the incident and causing of hatchet injuries to deceased and prosecution witnesses---Both parties anticipated the fight and were not only prepared for that, but were determined to have a trial of strength---Accused were the provoking party---When two parties met each other, the encounter took place---Such type of incidents were always a free fight and each participant was responsible for his own individual act and parties could not claim right of self-defence against each other---Accused, in circumstances, had rightly been convicted under 5.302, P.P.C. for murder of deceased and sentence of imprisonment for life awarded to him was maintained but his conviction and sentence under S.337-F(ii), P.P.C. for injuries to prosecution witnesses, were set aside and he was acquitted of that charge---Co-accused having proved to have caused injuries to prosecution witnesses, his conviction and sentence under S.337-F(ii), P.P.C. were maintained, but sentence awarded to him for offence under S.302, P.P.C., was set aside and he was acquitted of the charge of murder of the deceased.   Aijaz Ahmed alias Gandhi and another v. The State 1999 PCr.LJ 439; Sardar Khan v. The State 1987 PCr.LJ 2164 and Ahmed Ali and 2 others v. The State PLD 1986 Lah. 154 ref.   Muhammad Ishaque Khoso for Appellants.   Anwar H. Ansari for the State.   Date of hearing: 21st January, 2003. JUDGMENT Sher Muhammad and his brother Jan Muhammad were tried and convicted for offences under sections 302,…

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