Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302/34, 337-A(ii) & 337-F(i)---Constitution of Pakistan {1973), Art. 185(3)---Sentence---Leave to appeal was granted by the Supreme Court to consider the points as to whether the guilt of the accused had been proved beyond doubt; whether the Trial Court evaluated/appraised the evidence in the correct perspective and in accordance with rules laid down by the Supreme Court from time to time for appreciation of evidence in criminal cases; whether the Courts below had not properly considered the plea of defence and what were the legal implications of the said plea over the guilt of the accused and whether in the circumstances of the case the penalty of death was the only punishment that could legally be imposed or ends of justice would have met if the sentence of life imprisonment was awarded. (b) Penal Code (XLV of 1860)--- ----Ss. 100, 302/34, 337-A(ii) & 337-F(i)---Constitution of Pakistan (1973), Art. 185---Appeal to Supreme Court---Private defence, right of---Plea for reduction in sentence---Accused, in appeal before Supreme Court, had not challenged the conviction on merits but had only urged for reduction of sentence---Court had to examine the version of accused keeping the same in juxtaposition to the case of prosecution---Mere assertion of the accused that it was the complainant party who first attacked and caused injuries to the accused side, in the absence of any medical report to such effect, would be ot', no avail to them---If the accused party had received injuries, in the incident, " it was on their part that they should have disclosed the same to the Magistrate at the time of remand and asked for medical examination and certificate---By not agitating so before any of the concerned Authorities, it stood established on record that they were probably not injured at all and raised a false plea---Record in the present case, showed that the complainant party and the accused party had a joint Khata of disputed land which was no: yet partitioned, in such circumstances. accused party was not justified to act in the exercise of right of self-defence of their property---Right of private defence of body or…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492