Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 186C)--Ss. 302 & 304, Part-II--Constitution of Pakistan (1973), Art. 185(3)--Petition for leave to appeal--High Court reviewed entire case and believed prosecution version and was of view that since there was no pre-meditation and incident occurred after exchange of abuses between deceased and accused, offence committed would fall under S. 304, Part II, P.P.C. and not under S. 302, Penal Code--All pleas raised by accused in fact were pleas for reappraisal of evidence--Conclusion arrived at by High Court based on proper appraisal of prosecution case vis-a-vis defence pleas and hardly any justification existed for interference--Leave to appeal against order of High Court refused in circumstances. Abdul Hafeez Memon, Advocate Supreme Court and RA. Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 7th December, 1987. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of a learned Judge of Sind High Court dated 25-3-1986 by which an appeal filed by the petitioner was dismissed with the modification, however, that the conviction recorded against him by the Sessions Judge, Hyderabad, under section 302, P.P.C. was altered to one under section 304(11), P.P.C. and sentence of life imprisonment imposed upon him was reduced to 8 years' R.I. However, the sentence of fine of Rs. 1,000 passed against him was maintained. The incident in the case occurred on 9-2-1976 at about 11.45 p.m., and F.I.R. was lodged at 00.30 hours during the same night by Wali Muhammad, father of Muhammad Saleh (deceased). According to F.I.R. Muhammad Saleh (deceased) and P.Ws. Ghulam Muhammad and Inamul Haq had gone for a stroll in brothel area at about 10.00 p.m., and while they were sitting on a cot, petitioner passed by, and remarked taunting that the persons who sit on that cot are pimps. Muhammad Saleh objected to these remarks, and there was an altercation between the two, but nothing further happened as persons present there intervened and separated the parties. Muhammad Saleh alongwith his aforesaid companions then left the place, and on the way Inamul Haq separated and left for his house. Muhammad…

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