Law:

Section:

(a) Penal Code (XLV of 1860)-- ---Ss.302, 323, 34 & 300, Exception 1--Constitution of Pakistan (1973), Art. 185(3)--Murder--Hurt--Grave and sudden provocation--Trial Court and High Court rejecting petitioners' plea that they had killed deceased under grave and sudden provocation--Prosecution witnesses; no doubt, had admitted that deceased was carrying on an intrigue with petitioner's sister but there was no evidence at all apart from bald assertion of petitioners that at relevant time they had found deceased and their sister together--Occurrence taking place in fields far away from petitioners' Dera and case one of preconcerted attack on deceased-­Petitioners, held, were rightly convicted of offences under Ss. 302 323 read with S. 34, Penal Code--Petitioners already given lesser sentence provided by law for offence under S. 302, Penal Code, petition for leave to appeal dismissed. (b) Penal Code (XLV of 1860)-­ --Ss. 302, 323 & 34--Criminal Procedure Code (V of 1898), S. 417--Constitution of Paksitan (1973), Art. 185(3)--Murder--Hurt--Acquittal-­Leave to appeal against acquittal--High Court pointing out that respondent had no reasons of his own to harm deceased and there were good reasons for giving him benefit of doubt--Convicted accused were found bearing injuries soon after occurrence but respondent remaining unhurt indicating that he had not taken part in occurrence-­Respondent, held, was rightly acquitted by High Court--Petition dismissed. (c) Penal Code (XLV of 1860)-- ---Ss. 302, 323 & 34--Constitution of Pakistan (1973), Art. 185(3)-­Murder--Hurt--Sentence--Leave to appeal against imposition of lesser penalty--Deceased admittedly, having been carrying on intrigue with respondent's sister, attacked by them for rehabilitation of their family honour--Discretion exercised by Courts below in not imposing extreme penalty of death on respondents, held, could not be interfered with in circumstances--Petition dismissed. JUDGMENT SAAD SAOOD JAN, J.--These are three petitioners for special leave to appeal from the , dated 11-1-1981 of Lahore High Court. They arise in the following circumstances. 2. The petitioners in Criminal Petition for Special Leave…

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