Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & (c)---Qatl-e-amd---Reappraisal of evidence---Conviction under S. 302(b), P.P.C. converted into S. 302(c), P.P.C.---Sentence, reduction in---Sudden fight/quarrel---Lack of premeditation and ill-will---Single knife blow---Effect---Accused allegedly caused fatal knife injuries to his deceased-brother due to a sudden quarrel between them---Accused was convicted under S. 302(b), P.P.C. and was sentenced to 25 years imprisonment along with a fine of Rs. 100,000---Validity---Perusal of F.I.R., statements of eye-witnesses and findings of courts below clearly showed that there was no background of any ill-will or bitterness between the accused and his deceased-brother---Incident in issue had erupted all of a sudden without any premeditation whatsoever---Medical evidence showed that injuries on the body of deceased could be the result of one knife blow---Present case was one of sudden quarrel and no undue advantage had been taken by the accused nor had he acted in a brutal or unusual manner---Such factors squarely attracted Exception 4 contained in erstwhile provisions of S.300, P.P.C., thus case against accused fell within the purview of provisions of S. 302(c), P.P.C.---Conviction of accused under S.302(b), P.P.C. was converted into S. 302(c), P.P.C., and consequently his sentence was reduced from rigorous imprisonment for 25 years to rigorous imprisonment for 10 years---Fine imposed on accused was unwarranted, because Ss. 302(b) & (c), P.P.C did not contemplate any such sentence---Supreme Court directed that instead of a fine, accused should pay a sum of Rs. 50,000 to the heirs of deceased by way of compensation under S. 544-A, Cr.P.C.---Appeal was disposed of accordingly. Ali Muhammad v. Ali Muhammad and another PLD 1996 SC 274 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 300 & 302(c)---Qatl-e-amd---Sentence---Case falling within the exceptions contained in erstwhile provisions of S. 300, P.P.C.---Effect---Such case would attract provisions of S. 302(c), P.P.C. (for purposes of sentence). Ali Muhammad v. Ali Muhammad and another PLD 1996 SC 274 ref. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b) &…

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