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Penal Code (RLV of 1860)-----Ss. 300, Exception 4, 302 & 307--Constitution of Pakistan (1973), Art.185(3)--Sudden and grave provocation--Deceased retaliating by returning abuses--Effect of--Re-appraisal of evidence--Convictions and sentences under Ss. 302 & 307, P. P.C. challenged--Plea that it was a case of provocation and sudden fight as deceased had hurled abuses at petitioner, not entertained--Deceased went to petitioner to complain about a petty matter and petitioner, having motive and background of business rivalry, started abusing him--Deceased retaliated by returning abuses and both the petitioners, thereupon, attacked deceased and prosecution witnesses--No case having been made out for re-appraisal of evidence, leave to appeal refused. ORDER JAVID IQBAL, J.--Leave to appeal is being sought against the judgment dated 3rd November, 1982 passed by a learned Single Judge of the Lahore High Court, Lahore in Criminal Appeal No.788 of 1979. The facts are that Mohammad Sarwar and Shaukat Ali petitioners were both tried for murdering Mohammad Yaqub and for causing injuries to Manzur Ahmad PW8 and Mohammad Shafi PW10. The trial Court vide its judgment dated 31st May 1979 convicted Mohammad Sarwar petitioner under section 302, PPC and sentenced him to imprisonment for life plus fine whereas it convicted Shaukat Ali petitioner only under section 307 PPC and sentenced him to 5 years RI plus fine. In the High Court a learned Single Judge vide his judgment dated 3rd November, 1982 upheld the conviction in both the cases and also maintained the sentences awarded to both the petitioners. The occurrence took place at 6 p.m. on 12th September, 1978 in Mohallah Rahmanpura, Police Station Baghbanpura, District Gujranwala. The FIR was lodged at 8-45 p.m. on the same day by Manzoor Ahmad PW uncle of the deceased. Both the petitioners were arrested on 13th September 1978. At the instance of the petitioners human blood-stained Khanjar and hatchet were recovered. Mohammad Sarwar petitioner is stated to have carried the Khanjar whereas Shaukat Ali petitioner was armed with a hatchet. The prosecution produced three eye-witnesses of the occurrence out of which two are…

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