Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302/34--Leave to appeal granted to reappraise evidence and also to evaluate nature of offence committed by accused. (b) Penal Code (XLV of 1860)-----Ss. 300--Exception 4& 302/34--Prosecution witnesses suppressing material facts and appearing to have made improvements in their evidence--Statement of eye-witness who lodged First Information Report looking highly improbable while presence of other eye-witness doubtful and his evidence also not appearing probable in stated circumstances-Sudden fight taking place at spur of moment and when parties confronted each other in background of motive and provocation provided by complainant party, they indiscriminately fired at each other-Question as to who was aggressor not of any consequence in circumstances-High Court while acquitting accused of charge of rioting impliedly rejected deliberate attack by accused--Case falling under Exception 4 to 5.300, Penal Code--Conviction altered from S. 302, Penal Code to S.304, Part I, Penal Code, and sentence of death reduced to imprisonment for life in circumstances. S.M. Zafar, Senior Advocate Supreme Court and Mehmood A. Qureshi, Advocate-on-Record (absent) for Appellant (in Criminal Appeal No. 139 of 1981). Sh. Shaukat Ali, Senior Advocate Supreme Court and M.A. Rehman, Advocate-on-Record (absent) for Appellant (in Criminal Appeal No. 140 of 1981). Mian Inamul Haq Advocate Supreme Court for Advocate-General Punjab and Rao M. Yousaf Khan, Advocate-on-Record for the State. Date of hearing: 18th May, 1985. JUDGMENT MUHAMMAD HALEEM, C.J.--These appeals, by leave, arise from the common judgment of the Lahore High Court, dated 8th of July, 1980, by which the convictions and sentences were to an extent modified while maintaining the convictions of Noor Muhammad and Ahmad Sher on the capital charge under section 302, P.P.C. read with section 34 P.P.C. and the capital sentence awarded to Noor Muhammad. By the same judgment the revision petition for the enhancement of sentence awarded to Muhammad Noor and Muhammad Khan was dismissed. The incident occurred at noon on 19th of July, 1976 at a place on…

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