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Penal Code (XLV of 1860)---S. 300, Exception IV Culpable homicide Sudden fight Facts glanced from record showing case to be one of sudden fight where some of accused also sustained injuries Sentence of death, held, not called for Appeal accepted to extent of alteration of death sentence into life imprisonment and award of benefit of period of detention in jail Criminal Procedure Code (V of 1898), S. 382 B Constitution of Pakistan (1973), Art. 185(3). JUDGMENT MIAN BURHANUDDIN KHAN, J. Nihala, appellant, along-with six others, was tried by the learned Additional Sessions Judge (111), Sahiwal under Ss. 302/ 349, 149, 307/149, 148 and 447, P. P. C., for the murder of Nur Muhammad, and attempt to murder Nazir and Mokha, P. W. on 28th August, 1974, at about 5 p. m. 2. Nihala and Sultan were convicted and sentenced under S. 302/34. Nihala was awarded death penalty and Sultan was given life imprisonment. Both the accused were fined Rs. 500 each. Fine, if recovered, was ordered to be paid to the heirs of Nur Muhammad deceased, in default, to undergo, two months' simple imprisonment. 3. The other co accused were convicted under section 307/34, for causing injuries to Mokha P. W. and were sentenced to 5 years R. 1. each. Sultan and Nihala were also convicted under S. 323/34, P. P. C., for causing simple injuries to Nazir P. W. and were sentenced to six months' R. 1. Sher Muhammad, one of the accused, was convicted for causing injury to Nazir and was sentenced to one year's R. 1. under S. 324, P. P. C. All the accused were also convicted under S. 447, P. P. C. and were sentenced to 3 months' R. I. each. 4. The convicts filed an appeal before the Lahore High Court but the same was dismissed vide judgment dated 30 7 1978. The accused appellants then filed petition for leave but leave was granted by this Court on 26 6 1979 to consider the question of sentence of Nihala alone on the ground that there is evidence in support of the submission that the occurrence was preceded by a sudden quarrel and that the death of Nur Muhammad deceased was not the result of a premeditated attack by Nihala. 5. The prosecution story is that on 28 8 1974 at 5 p m. Nazir Ahmad P. W. 10 was busy…

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