Law: Penal Code (XLV of 1860)

Section: 302/307/34,300

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)-   ---Ss.302/307/34 300, Exception 4, 304, Part I--Constitution of V Pakistan (1973), Art. 185 (3)--Leave to appeal--Sentence--Conviction under S.302/307/34, P.P. C.--Sudden fight upon a sudden quarrel involving mutual abuses--Leave to appeal granted to examine in the context of the application of Exception 4 (to S.300, P.P. C.), the observation of High Court to the effect that: however, considering that occurrence arose over a sudden quarrel in a sudden fight and there was no premeditation on the part of the appellants to murder any of the deceased, the appellants are entitled to the lesser penalty; and question as to which party was the aggressor.   (b) Penal Code (XLV of 1860)--   ---Ss.302/307/34, 300 Exception 4 304,Part I--Sentence--Appellants conviction under S.302/34, P.P.C. maintained but sentences of death reduced to imprisonment for life--Two versions of occurrence--Case of sudden fight upon a sudden quarrel involving mutual abuses-­Benefit of. Exception 4 to 5.300, P.P.C. not allowed because appellants had taken undue advantage and acted in cruel and unusual manner.   Plea that offence of appellants fell under S.304, Part I, P.P.C.,CT.. repelled--Unless all conditions were satisfied, Exception 4 to S.300, P.P.C. would not be attracted, notwithstanding the fact, that the act of the accused might not be premeditated and the same might have been due to a sudden fight upon a sudden quarrel--Other conditions having been satisfied, High Court, held, was justified in reducing sentence only and refusing to alter offence--Under Explanation to Exception 4 in the context of cases considered thereunder, it wash`, immaterial which party offered provocation and/or committed the first assault--There being no justification for setting aside of finding of fact that appellants had acted cruelly and in unusual manner and further that they took undue advantage, appeal dismissed.   JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against judgment dated 3-2-1981 of the Lahore High Court; whereby appellants conviction under sections 302 and 307 read with section 34, P.P.C. was…

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