Law:

Section:

(a) Constitution of Pakistan (1973)­-----Art. 185 (3)-Pineal Code (XLV of 1860), Ss. 302, 307 & 325 Leave to appeal granted to consider question "whether of two Courts below were in accordance with principles laid down by Supreme Court for appraisal of evidence in criminal matters. (b) Penal Code (XLV of 1860)- ----S. 302, 307 & 325-Case, despite enmity not that of a pre­meditated attack but a sudden quarrel as result of some provocation given by complainant party when they came across each other while returning from village fair-Held, there was no occasion for holding accused liable for any vicarious liability and rightly convicted accused for parts attributed to them. (c) Penal Code (XLV of 1860)- -- Ss. 302, 307 & 325 - Delay in lodging F. I. R. - Removal of injured persons to three different places, necessarily consume time­ Lodging of F. I. R. next morning in circumstances-Effect. (d) Penal Code (XLV of 1860)- ----S. 302, 307 & 325-Sudden fight as result of provocation given by complainant party-Held, accused could not have intended to kill deceased who was indirectly related to person against whom there was direct enmity-Accused caused blow in heat of moment with such knowledge that such blow was likely to cause death-Accused could not be said to have requisite intention to bring home guilt under S. 302, P. P. C.-Conviction of accused was altered from S. 302, P. P. C. to one under S. 304, Part 11, P. P. C. and substituted sentence of 10 years' R. I. with fine of Rs.10,000 with benefit of S. 382-B, Cr. P. C. Sardar Muhammad Ishaq, Advocate Supreme Court instructed by Yaqub Hussain Zaidi, Advocate-on-Record (absent) for Appellant (in Criminal Appeal No. 69 of 1980). M. Aftab Iqbal Ch:, Advocate Supreme Court for Appellants (in Criminal Appeal No. 70 of 1980). M. Kowkab Iqbal, Advocate Supreme Court for the State. Date of hearing: 13th October, 1982. JUDGMENT MUHAMMAD HALEEM, ACTG. C. J.-These appeals, by special leave, arise from the judgment dated 29th of April; 1979, of the Lahore High Court, Lahore. Criminal Appeal No. 69 of 1980, is directed against the acquittal of Muhammad Nazir and for the enhancement of the sentence of appellant…

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