Law:

Section:

JUDGMENT   MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against 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 upheld, but their sentences of death were reduced to imprisonment for life and thus their appeal was partly allowed.   2. The occurrence in this case took place on 9-9-1978 at rotivela in the field of Bostan, one of the two deceased. It is alleged that Bostan deceased and his son Abdur Rehman, injured P.W. were ploughing their land, which had long since been partitioned between Bostan deceased and his cousin--Fazal Dad accused, who was acquitted by the learned trial Court. Both the appellants are sons of said Fazal Dad. There was a common Bunna between the fields of the two parties. Fazal Dad and the two appellants were also ploughing their field. It is further stated that the accused side demolished the common Bunna; where upon Bostan deceased remonstrated with them, as a result of which a mutual altercation took place. On this Safdar, the second deceased, who was grazing his cattle nearby, rushed to the spot. All the three accused launched an attack first on Bostan and then on Safdar, who wanted to intervene, causing them serious injuries--the two appellants with Chhuris and Fazal Dad with hatchet. Abdur Rehman P.W., who tried to save the two deceased, was also injured by the three accused.   3. As against the aforenoted prosecution case, the defence version was that, while the appellants were ploughing the land and their father was also present there, Bostan and Safdar deceased as also Abdur Rehman P.W. were ploughing the land of Bostan. In this process the complainant side demolished the common Bunna. Fazal Dad objected; whereupon Bdstan abused him. Fazal Dad returned the abuse, whereupon both the deceased and Abdur Rehman started giving beating to Fazal Dad with Lathis. The appellants intervened but they were also injured. On this Muhammad Azam appellant took out a small knife from his pocket and inflicted injuries to both the deceased and Abdur Rehman P. W. According to them neither Fazal Dad, the acquitted accused,…

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