Law:

Section:

Penal Code (XLV of 1860)------- Ss. 302/34 & 325/34-Murder--Grievous hurt-Evidence-Facts of case showing that accused had not attacked complainant party with pre-conceived plan to commit murder but during sudden fight between parties each side inflicting sofa blows on each other and one of such blows inflicted by one of accused resulting in death of one of complai­nants Causing grievous hurt with blunt weapons, only common intention attributable to accused-Person who caused fatal blow being not discoverable, each of accused to be given benefit of doubt and an offence under S. 302 not made out against any one of them-Conviction under S. 362/34 altered to that under S. 325/34 in circumstances of case.-[Benefit of doubt]. Waheeduddin Virk, Advocate Supreme Court with Sh. Abdul Karim, Advocate-on-Record for Petitioners/Appellants. Muhammad Abdullah Bajwa, Advocate Supreme Court for the State. Date of hearing: 3rd April, 1983. JUDGMENT ASLAM RIAZ HUSSAIN, J.-Muhammad Latif and Jan Muhammad have applied for leave to appeal against the judgment of the Lahore High Court dated 17-3-1980, dismissing their appeal. 2. We issued notice to the State and after granting leave we proceed to dispose of the matter as appeal. 3. The occurrence in this case, took place at 1-00 p. m. on 289-1975, within the area of Police Station Rayya, District Sialkot. 4. The facts of the prosecution case; briefly, are that after the Settlement Operation of the Village, the accused and the complainant party both laid claim to 9 Marlas of vacant land on the well Phuliwala in Kot Ruldoo, where both the parties bad their Deras. The complainant party started raising walls around the plot. Latif, Jan Muhammad and Ashiq accused came to the spot armed with sticks. Jan Muhammad and Latif inflicted one sofa blow each on the head of the deceased. One injury was simple but the other proved fatal. Shaukat, Ejat and Bashir P. Ws. and one Munir (not produced) on the com­plainant side also received stick blows which too resulted in simple injuries, except that one injury on the leg of Bashir P. W. was grievous. Muhammad Latif petitioner received three simple sofa injuries on his head, nose and arm, while Jan…

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