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1987 SCMR 681 Present: Muhammad Afzal Zullah, Mian Burhanuddin Khan and Saad Saood Jan, JJ MUHAMMAD MANZOOR and another--Petitioners Vs THE STATE-Respondent Criminal Petition for Leave to Appeal No. 142 of 1982, decided on 2nd February, 1987. (On appeal from the and order of the Lahore High Court, Lahore dated 17-3-1982 in Criminal Appeal No.573 of 1980). Constitution of Pakistan (1973)-- ---Art. 185(3)--Penal Code (XLV of 1860), Ss. 300. Exception 1, 302 & 34--Element of grave and sudden provocation--Lapse of three days--Effect of--Petitioners convicted under S. 302/34, P.P.C. --Prosecution evidence substantially correct and case against petitioners established-­Leave to appeal sought inter alia on ground that 3 days prior to occurrence petitioners' father was insulted by deceased and this constituted element of grave and sudden provocation--Petitioners being brother inter se had strong motive to attack deceased in order to avenge insult caused to their father by deceased, but this having happened 3 days earlier, petitioners had enough time to think over the incident and cool down instead of attacking deceased mercilessly with dagger blows--Petition having no merit, dismissed.--[Grave and sudden provocation]. Nemat Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab Advocate-on-Record for Petitioners. Nemo for the State. Date of hearing: 2nd February, 1987. ORDER MIAN BURHANUDDIN KHAN, J.--Accused/petitioners Muhammad Manzoor and Muhammad Siddiq alongwith Muhammad Ashfaq and Muhammad Hussain were tried by the learned Additional Sessions Judge, Lahore for committing the murder of Muhammad Aslam. The first mentioned three accused were convicted under section 302 read with section 34, P. P. C. and were sentenced to imprisonment for life and fine of Rs. 3, 000 each, while the last mentioned accused namely Muhammad Hussain was acquitted. On appeal, the learned High Court Judge acquitted Muhammad Ashfaq giving him the benefit of doubt, but rejected the appeal of the accused /petitioners Muhammad Manzoor and Muhammad Siddiq vide the impugned dated 17-3-1982. 2. The accused were put on trial for committing the murder of Muhammad Aslam on 30-3-1976 at about 8…

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