Law:

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Penal Code (XLV of 1860)--S.302--Sentence--Deceased was not a party to the earlier dispute and at the crucial time too he simply asked accused not to abuse his women folk-Accused instead gave deceased a stab blow and also infected injuries on prosecution witnesses--No extenuating circumstance to impose lesser penalty, held, existed in circumstances. Aftab Farrukh, Senior Advocate Supreme Court for Petitioner. Nemo for the State. Date of hearing: 30th November, 1988. ORDER ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal from the order of a learned Division Bench of the Lahore High Court, dated 20-6-1987. 2. Sardar Ali and his brother Abdus Sattar alias Sain, residents of "Chak" No.208/R.B., Police Station Saddar, Tehsil and District Faisalabad, along with Muhammad Tufail, were charged under section 302/307/34, P.P.C. for committing the murder of Muhammad Ismail and injuries-to the P.Ws. They were tried by the learned Additional Sessions Judge, Faisalabad, who, vide his judgment dated 27-11-1984, convicted Sardar Ali petitioner under section 302/34, P.P.C. and sentenced him to death and a fine of Rs.5,000 or in default to two years' R.1. He was also convicted under section 307, P.P.C. and sentenced to seven years' R.I. and a fine of Rs.5,000 or in default to two years' R.I. Abdus Sattar was also convicted under section 302/34, P.P.C. and sentenced to imprisonment for life and a fine of Rs.5,000 or in default to two years' R.I. Half of the fine on recovery was ordered to be paid to the legal heirs of deceased Muhammad Ismail while the remaining half equally distributed among the injured P.Ws. as compensation under section 544-A, Cr.P.C. Muhammad Tufail was, however, acquitted of the delict by giving him the benefit of doubt. 3. The two convicts, namely, Sardar Ali and Abdus Sattar filed appeal against their conviction and sentence in the High Court whereas Muhammad Boota complainant filed a revision petition for enhancement of the sentence fo Abdus Sattar to death and also for enhancement of the compensation to be awarded to the legal heirs of the deceased and the injured P.Ws. In the High Court, the learned Judges after considering the case in…

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