Law: Penal Code (XLV of 1860)

Section: 302, 304(I), 300, 34

(a) Penal Code (XLV of 1860) Ss. 302, 304(I) & 300, Exception 4-Sudden fight-Sudden fight taking place between accused and deceased- Deceased giving clang blow to accused and accused giving one ballam injury in retaliation to deceased and such injury proving fatal-Conviction under S. 302 altered to one under S. 304(1) in circumstance and sentence reduced to seven years. (b) Penal Code (XLV of 1860) S. 34-Common intention-Accused receiving injury front deceased, in sudden fight, but not causing any injury in retaliation Only lalkara or instigation attributed to accused-Co-accused giving fatal blow after receiving injury from deceased-Each accused, held, responsible for his own act and case not within purview of S. 34. Date of hearing : 25th July 1974.                                                                                                                   JUDGMENT Sarfraz son of Wali Dad, aged 25 years, and Riaz son of Nusrat, aged 22 years, both utrine brothers, have been convicted under section 302/34, P. P. C. for the murder of Sikandar and were sentenced to transportation for life vide judgment dated the 31st of August 1972 of the Sessions Judge, Jhang. The convicts have filed separate appeals. Sarfraz has filed Criminal Appeal No. 831 of 1972, and Riaz has filed Criminal Appeal No. 833 of 1972. On the complainant side Falik Sher (P. W. 10) has filed Criminal Revision No. 1088 of 1972, for the enhancement of sentence awarded to both the appellants from transportation for life to death. The appeals as well as criminal revision are being taken up and disposed of together by this judgment, 2. The occurrence took place on the 29th of September 1971, at sun set time in village Vijhlana, at a distance of four miles from Police Station Saddar Jhang. Falik Sher (P. W. 10) paternal uncle of the deceased made a statement (Exh. P. A.) which was recorded at 8-00 p.m. on the same…