Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--Ss.302 & 304, Part I--Constitution of Pakistan (1973), Art.185(3)--Accused sentenced to life imprisonment under 5.304, Part 1, P.P.C. for causing death of deceased--Sentence of accused modified by High Court to ten years' imprisonment--Order impugned--Leave to appeal was granted to examine whether in the circumstances of case correct section applicable was 5.302 of Penal Code and if S.-30-1, Part I, P.P.C. was applied by Trial Court, then, whether the sentence of life imprisonment awarded by Trial Court, should have been maintained by High Court as no ground was shown for reduction of same. (b) Penal Code (XLV of 1860)-- ---Ss.300, 3112 & 304, Part 1--Accused causing death by firing--Such firing not premeditated but result of a sudden flare up--Offence committed whether murder--Held, although occurrence causing death was caused by a sudden flare up, yet, deceased being empty-handed, offence committed by accused could not fall under any of the exceptions of 5.300, Penal Code to justify conviction under S.304, Part I of Penal Code--Correct section which could have been applied was 302, Penal Code although sentence of life imprisonment could have been awarded there under as there existed no enmity between accused and deceased and occurrence was result of a sudden flare up. I p. 9041 B (c) Penal Code (XLV of 1860)-- -Ss.302 & 304--Constitution of Pakistan (1973), Art.185(3)--No case made out for reduction of sentence of imprisonment for life to ten years, sentence of life imprisonment awarded by Trial Court was restored. Zafar Mahmood, Senior Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate-on-Record for Appellant (in Crl.P. No.42-R/87). Sardar Muhammad Ishaq Khan, Advocate Supreme Court instructed by MA. Siddiqi, Advocate-on-Record for Respondents Nos. 1-3 (in Cr.P.No.42-R/87). MAslam Khan, Advocate Supreme Court for Respondent No.4. Sardar Muhammad lshaq Khan, Advocate Supreme Court instructed by MA. Siddiqi, Advocate-on-Record for Appellant (in Cr. P. No.58-R/87). MAslam Khan, Advocate Supreme Court for Respondent (in Cr. P. No.58-R/87). Date of hearing: 25th January, 1989. JUDGMENT JAVID JQBAL, J.--After…

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