Law:

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Constitution of Pakistan (1973)- ---Art. 185(3)--Penal Code (XLV of 1860), Ss. 302, 300, Exception 4, 304, Part I & 308--Leave to appeal against acquittal--Trial Court of the view that even if prosecution version was believed, the act of deceased side had provoked accused side gravely and suddenly and, therefore, case fell under Ss. 304, Part I & 308, Penal Code--High Court, without specifically upsetting the finding of Trial Court assuming that each accused was responsible for his own act--Both parties found to have been withholding the truth--Reasonable possibility could not be excluded that clash between two parties flared up all of a sudden without premeditation--All conditions in Exception 4 to S.300 would thus be attracted and, therefore, each accused would be responsible for his own act and there was no question of self-defence by either side-­Substantial justice having been done, no justification was made out for grant of leave to appeal in petition against acquittal from offence under S.302, P.P.C.--Petition dismissed. Syed Ali Bepari v. Nibaran Mollah P L D 1962 S C 502 rel. ORDER MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought in these two petitions from dated 22-11-1981 of the Lahore High Court; whereby criminal appeals and revision arising out of a murder case, were partly allowed. Learned counsel for Talib Qureshi one of the convicts (petitioner in Cr. P. No.96 of 1982) stated that he has no instructions to press the petition. The same is accordingly dismissed. Criminal Petition No.91 of 1982 has been filed by Talib Hussain complainant seeking reversal of the s of the trial and appellate Courts regarding the culpability, offence committed and the sentence awarded to the accused persons. The accused/ respondents who were tried for the murder of Muhammad Yahya and injuries to Shaukat Saeed, Zafar Hussain, Nazir Ahmad and Fazal Ahmad of the complainant's party, were convicted and sentenced variously under section 304, Part-I, P. P. C. on the finding that they acted under grave and sudden provocation: They were also accordingly convicted for the injuries to the witnesses, under section 308, P.P. C. and sentenced. They were further…

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