Law:

Section:

Penal Code (XLV of 1860)-----Ss. 302, 304, Part II & 307 read with S. 34--Constitution of Pakistan (1973), Art.185(3)--Sudden fight--Trial Court and Appellate Court correctly arriving at conclusion that it was sudden fight which had commenced due to the child having been taken away by complainant side--High Court, held, had rightly exercised its discretion in modifying sentences imprisonment to that which the convicts had already undergone and such exercise of discretion did not call for interference--Petition for leave to appeal dismissed. ORDER JAVID IQBAL, J.--This petition for leave to appeal has been filed by Muhammad Lal complainant-petitioner and is directed against judgment dated 5th May, 1980 passed by a Division Bench of the Lahore High Court Lahore. Briefly the facts are that Muhammad Ayub, Muhammad Tariq, Muhammad Khalid and Muhammad Fayyaz respondents were tried for offences under sections 302/34 and 307/34, P.P.C. by the Additional Sessions Judge Rawalpindi who vide his judgment dated 28th April, 1975 convicted Muhammad Ayub respondent under section 304, Part II, P. P. C. and sentenced him to five years' R I plus fine, and Muhammad Tariq respondent under section 307, P.P.C. to four years' R.I. plus fine. Muhammad Khalid and Muhammad Fayyaz respondents were however, acquitted. In appeal a Division Bench of the Lahore High Court Lahore maintained the conviction of Muhammad Ayub and Muhammad Tariq respondents reducing their sentences of imprisonment to that which they had already undergone, but enhanced the fine imposed .on each of them. The acquittal of Muhammad Khalid and Muhammad Fayyaz respondents was upheld. Hence the present petition for enhancement of sentence of Muhammad Ayub and Muhammad Tariq respondents and against acquittal of Muhammad Khalid and Muhammad Fayyaz respondents. The deceased in this case is Wilayat Hussain and the injured persons are two eye-witnesses namely Karamat Hussain and Ashiq Hussain P.Ws., besides Muhammad Ayub and Muhammad Tariq respondents. The occurrence took place on 11th September, 1972 at 10 a. m. in front of the house of the deceased. Two human blood-stained hatchets had been recovered from Muhammad Ayub…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492