Law: Pakistan Penal Code, 1860

Section: 300,4,302/34

Penal Code (XLV of 1860)--   ---Ss.300, Exception 4 302/34--Sentence--High Court, after scrutiny of evidence, having formed view that there was no previous enmity between the parties and occurrence had taken place due to sudden flare up, arriving at conclusion that case of accused-respondents was covered by Exception 4 of 5.300 P.P.C. and after setting aside conviction and sentence of respondents under S.302 P.P.C. convicting and sentencing them for acts of which each of them was liable--Such a view, held, could justifiably be taken and, therefore, impugned of-High Court called for no interference. JUDGMENT JAVID IQBAL, J.- Before us there are two connected appeals, namely, Criminal Appeal No.143 of 1980 filed by Muhammad Zumerred and Mahmood Khan convicts/ appellants against their conviction and sentence, and Criminal Appeal No.144 of 1980 filed by Muhammad Arif complainant/appellant against acquittal of Muhammad Zumerred, Mahmood Khan and Mehrab Khan from charge under section 302/34 P.P.C. and their convictions and sentences under sections 304 Part II, 323, 324/34 P.P.C. Mr. Muhammad Bilal Advocate appearing on behalf of the appellants in Criminal Appeal No.143 of 1980 informs us that the appellants had already undergone their sentences and therefore he does not press Criminal Appeal No.143 of 1980. As a result Criminal Appeal No.143 of 1980 is hereby dismissed as not having been pressed. So far as Criminal Appeal No.144 of 1980 is concerned it is contended by Raja Muhammad Anwar Advocate that leave to appeal was granted in this case to re-appraise the evidence for the reasons­ firstly that the blood was found on the roof of the complainants appellants house indicating that the fight had taken…

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