Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-e-amd--Leave to appeal was granted to accused to consider the quantum of his sentence on the ground of the occurrence being the result of sudden flare up, which attracted the provisions of S. 302(c), P. P. C. instead of S. 302(b), P.P. C. in circumstances of the case. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appraisal of evidence---Accused had made effective firing at the deceased while removing thorny hedge from a disputed place, which was not allowed by the complainant party---Accused party had also received certain injuries as a result of the fight between the parties---Deceased was done to death by accused by firing at him with a lethal weapon on a vital part of his body---Accused had come to the spot being armed with a fire-arm,' while the complainant party was not having any such weapon with them in order to avoid any apprehended act---According to the complainant himself, injuries had been caused to the accused party after the accused had fired at the deceased, which fact had not been dislodged---No case was made out to fall within the ambit of S. 302(c), P. P. C. for reduction in the sentence of accused from imprisonment for life to any other lesser term of imprisonment---Appeal was dismissed in circumstances. Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. Syed Ali Imran, D.P.G. for the State. Date of hearing: 8th January, 2010. JUDGMENT MIAN SHAKIRULLAH JAN, J.---The appellant, with the leave of the Court through the instant appeal, is seeking setting aside of the judgment of his conviction and sentence passed by the High Court and his acquittal in a murder case. Leave was granted to consider the quantum of sentence on the ground that the occurrence was the result of sudden flare up and the case of the appellant attracted the provisions of 2 section 302(c), P.P.C. instead of 302(b), P.P.C., in the following circumstances of the case which have been given in paras 4 and 5 of the impugned judgment and are reproduced herein below:- "4. The prosecution case set up in the F.I.R., in brief, is that on 19-7-2002 at 4-30 p.m. Aulia…

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