Law: Penal Code (XLV of 1860)

Section: 302, 300, 34, 4, 323

(a) Penal Code (XLV of 1860) Ss. 300, Exception 4 & 302/34---Murder-Sudden fight-Exchange of abuse between parties leading to sudden fight resulting in death of one and injuries to other prosecution witnesses-Deceased could have chance of survival if given timely medical aid Conviction under section 302/34; altered to one under section 304 (TT), P. P. C. in circumstances. (b) Criminal trial  Sentence-Accused convicted under section 323, P. P. C. for causing simple injuries and remaining in jail throughout period of trial lasting for about 2 years---Sentence reduced to imprisonment already undergone, in circumstances of case--Penal Code (XLV of 1860), S. 323. Dates of hearing: 10th and 11th January 1973.                                                                                                                 JUDGMENT JAVED IQBAL, J.--Four brothers, namely, Muhammad Munawar, aged 27 years, Waheed aged 17 years, Muhammad Sarwar aged 23 years and Saeed aged 19 years sons of Jalal Din have been convicted and sentenced vide judgment dated the 13th of May 1970, of the Additional Sessions Judge, Sialkot as follows: Munawar and Waheed were convicted under section 302/34, P. P. C. for having caused the death of Asif Jah, Munawar having been sentenced to death and Waheed having been sentenced to transportation for life; Munawar was also convicted under section 324, P. P. C. for having caused Injury to Mst. Shamim Akhtar, P. W. 14 and was sentenced to three years' R. I. Saeed was convicted under section 323, P. P. C. for having caused simple injuries to Rehmat Ali P. W. 12 and sentenced to one year's R. I. and similarly Sarwar was convicted under section 323, P. P. C. for having caused simple injuries to Iqbal P. W. 13 and sentenced to one year's R. I. The appeal against their convictions and sentences as well as reference for the confirmation of death sentence awarded to…