Law:

Section:

(a) Penal Code (XLV of 1860), S. 302/34-Murder case-­Sudden quarrel-Sentence-Murder, a result of sudden quarrel -Deceased's unexpected objection regarding registration of a lady's name in voters' list leading to altercation followed by abuse and grappling-Parties separated but deceased again insisting on exclusion of lady's name from voters' list-Trouble again arising and accused shooting at deceased but only once-In view of heat generated between parties, accused, if his act were premeditated, held, would not have rested content with a single shot and would have repeated firing-Sentence of imprisonment for life, and not death, in circumstances, held, called for. (b) Penal Code (XLV of 1860), S. 302/34-Murder case­ Benefit of doubt-Prosecution evidence consistent in that accused first hit deceased on head with butt of deceased's gun-Medical evidence, however, not disclosing any blunt weapon injury en deceased's head and on contrary showing only gunshot wounds on head-Accused, held, if at all intended to kill deceased, would not have rested content with a single blow with butt of gun-Other companions of accused having since been acquitted on same evidence of prosecution witness, accused's being falsely roped in not unlikely-Accused given benefit of doubt and acquitted. JUDGMENT SALAHUDDIN AHMED, J.-This appeal is by special leave of this Court and is from the order of a Division Bench of the Lahore High Court maintaining the conviction and confirming the sentences of death passed on the appellants under section 302 read with 34, P. P. C. by the Additional Sessions Judge, Lyallpur, for having committed the murder of Ghulam Rasul, The High Court also maintained the conviction and sentence off appellant Muhammad Sharif under section 379 of the Codes. The appellants are brothers and are resident of Chak No. 142/R. B. the occurrence took place on the 4th of February 1969, at Dopeharwela in Chak No. 132/R. B., within the jurisdiction of P. S. Chak Jhumra, District Lyallpur, situated at a distance of 10 miles from the place of occurrence. The prosecution case is that on the 4th of February 1969, Registration Officer came to Chak No. 132/R. B., to register and dispose…

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