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1987 SCMR 709 Present: Muhammad Afzal Zullah, Mian Burhanuddin Mian and Saad Saood Jan, JJ SULEMAN--Petitioner Vs THE STATE--Respondent Criminal Petition for Special Leave to Appeals Nos. 325 and 303 of 1981, decided on 3rd February, 1987. (On appeal from the of the Lahore High Court, dated 31-5-1981 in Criminal Appeal No. 44 of 1979). Constitution of Pakistan (1973)- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302--Petitioner convicted under S. 302, P.P.C. and sentenced to death by Trial Court--High Court upheld conviction but reduced sentence to imprisonment for life-­Two petitions for leave to appeal against conviction and for restoration of death sentence--Plea of self-defence found unbelievable--Conviction upheld--Occurrence being a sudden affair in which at the spur of the moment petitioner attacked deceased with Chhuri, Supreme Court declined to interfere with discretion of High Court in reducing sentence of death to imprisonment for life--Benefit of 5.382-B, Cr.P.C. allowed and petitions dismissed. Sh. Shaukat Ali, Advocate Supreme Court instructed by Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 3rd February, 1987. JUDGMENT SAAD SAOOD JAN, J.--These are two petitions for special leave to appeal from the , dated 31-5-1981 of the Lahore High Court. They arise in the following circumstances. 2. Suleman, petitioner in Cr.P.S.L.A. No. 325 of 1981, was convicted by the Additional Sessions Judge, Gujrat of an offence under section 302 of the Pakistan Penal Code for causing the death of Nisar Ahmad and was sentenced to death and to pay a fine of Rs.5,000. On appeal the High Court upheld his conviction and sentence of fine but reduced his sentence of death to imprisonment for life. Qamar Din, brother of the deceased, has filed Cr.P.S.L.A. No. 303 of 1981 for the restoration of the sentence of death. 3. The deceased was employed at an Atta depot in Jalalpur Jattan. Three days prior to the occurrence Sideman obtained Atta worth Rs.10 on credit from him. On 1-10-1974 at about 4 p. m. the deceased and his brother Qamar Din were present near the bus-stand in Jalalpur Jattan when Suleman came there. The deceased asked…

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