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Penal Code (XLV of 1860)---Ss.302/34 & 307 34--Motive--Immediate cause for attack being shrouded in mystry, accused held, rightly given benefit of lesser sentence.-­[Sentence--Motive]. ORDER NASIM HASAN SHAH. J.-- This order will dispose of Criminal Petition No.109 of 1984 and Criminal `Petition No.11-R of 1984, as both the petitions are directed against - one and the same judgment of the Lahore High Court. The relevant facts are that Muzammal Din (petitioner in Criminal Petition No.11-R of 1984) lodged an F.I.R. on 1-11-1977 against Nur Hussain son of Nawab and his three sons, namely, Muhammad Ramzan, Hayat Mohammad and Noor Khan (petitioners in Criminal Petition No.109 of 1984) at Police Station Pindigheb alleging that the aforesaid four persons had caused deaths of Ahmad Din and his son Imam Din with sticks in a fight which took place on 1-11-1977 at Maghrabwela. Nur Hussain and his sons Muhammad Ramzan, Hayat Muhammad and Noor Khan were tried by the Additional Sessions Judge, Attock who, vide his order dated 5-10-1980, convicted all four of them under section 302/34, P.P.C. and sentenced all of them to death and a fine of Rs.5,000 or in default five years' rigorous imprisonment each. They were also convicted under section 307/34, P.P.C. and sentenced them to undergo 10 years' rigorous imprisonment and a fine of Rs.1,000 for injuring Mst. Sunehran Begum and in default to undergo one year's rigorous imprisonment. They were also convicted under section 323/34, P.P.C. for causing simple injuries to Muzammal Din P.,W. The aforesaid four convicts preferred an appeal before the Lahore High Court (Criminal Appeal No.1182 of 1980) which was taken up alongwith the reference made by the learned Sessions Judge for confirmation of the death sentence (Murder Reference No.238 of 1980). Both these matters were disposed of together by a Division Bench of the Lahore High Court vide its judgment and order dated 4-2-1984. The conviction of the aforesaid four convicts under sections 302/34, P.P.C., 307/34, P.P.C. and 323/34, P.P.C. was maintained but the sentence of death imposed upon them was reduced to life imprisonment. The convicted person have now preferred this…

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