Law:

Section:

(a) Penal Code (XLV of 1860)--S.300, Exception 4---For giving benefit of Exception 4 to S.300, P.P.C., Court has to conclude that culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender's having taken undue advantage or acted in a cruel and unusual manner. (b) Penal Code (XLV of 1860)--- ----S.302---Appreciation of evidence---Accused and one of the deceased had altercation and grappled with each other before the incident and subsequently when accused returned from his house armed with knife, he inflicted fatal injuries not only to said deceased but also to the other deceased with whom he did not have any quarrel before the incident and, therefore, for murder of the said other deceased plea of sudden quarrel and heat of passion could not be taken---No exception could, therefore, be taken to the of High Court awarding capital punishment to accused. Mir Afzal v. State 1972 PCr.1.J 1025; Bashir Ahmad v. The State 1975 PCr.LJ 203; Mahiwal v. The State 1975 PCr.LJ 1121; Dural v. The State PLD 1982 Kar. 150; Yousaf v. The State 1984 PCr.LJ 1982; Shamshad v. The State PLD 1963 SC 740; Sikandar v. The State PLD 1966 SC 555; Masoom Beg v. Muhammad Munir and another 1971 SCMR 476 and Muhammad Nawaz v. Abdul Hayee and another 1976 SCMR 36 distinguished. Eid Muhammad v. The State Criminal Appeal No.49 of 1991 ref. JUDGMENT SAJJAD ALI SHAH, J.---Appellant Muhammad Naseem was convicted for offence under section 302, P.P.C. for double murder by learned Sessions Judge, Quetta in Sessions Case No.20 of 1985 and sentenced to life imprisonment and a fine of Rs.5,000 or in default R.I. for 6 months. He was directed to pay compensation of Rs.20,000 to the heirs of each deceased as contemplated under section 544-A, Cr.P.C. and was also given benefit of section 382-B, Cr.P.C. Division Bench of the High Court of Balochistan, Quetta disposed of together Cr. Appeal No.33/86 filed by appellant against his conviction and sentence and two Criminal Revision Applications Nos.25/86 and 12/87 filed by complainant and State respectively vide judgment dated 2-6-1987, impugned herein, whereby…

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