Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Penal Code (XLV of 1860), S. 302--Leave to appeal granted on consideration that High Court found occurrence a case of sudden fight during gambling, without pre-meditation or previous enmity but denied benefit to accused of Exception IV to 5.300,_ Penal Code, because it was thought that accused acted in a cruel manner and took undue advantage against deceased and witnesses who were all unarmed"--To hold complainant party "being unarmed" was, prima facie inconsistent with injuries suffered by accused side which fact prima facie had been established by medical evidence. (b) Penal Code (XLV of 1860)-----Ss. 302/307/34 & 304,Part I--Motive for crime not mentioned in first information report--Quarrel ensuing suddenly--Accused and complainant side were on visiting and friendly terms and during gambling they fell out and attacked each other--None of parties was prepared or had any predesign to harm adversary to such an extent as to cause serious injuries resulting in death--Conviction of accused altered from S. 302. Penal Code to S. 304, Part I, Penal Code, and sentence of life imprisonment altered to that of ten years rigorous imprisonment. (c) Penal Code (XLV of 1860)-----S. 449--Conviction of accused under S. 449, Penal Code, not sustainable from evidence on record--Conviction set aside. (d) Penal Code (XLV of 1860)-----S. 300, Exception 4--Considerations to be kept in mind while applying Exception IV to S. 300, Penal Code, stated. (e) Penal Code (XLV of 1860)-----S. 300, Exception 4--Applicability of Exception IV to S. 300--Exception IV is applied only to cases in which parties to combat were equally matched in point of muscular strength, skill and arms etc. for where there was no manifestly gross inequality in strength or in other particulars it should not be considered sufficient circumstance to remove case from operation of Exception I V to S . 300 , P . P . C . Ch. Ghulam Ahmad, Advocate Supreme Court for Appellants. Muhammad Bilal (for A.-G.) Advocate Supreme Court with Ejaz Ahmad Khan, Advocate-on-Record for the State. Date of hearing: 22nd March, 1986. JUDGMENT MIAN BURHANUDDIN KHAN, J.--Leave was…

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