Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302/149, 148 & 449---Constitution of Pakistan (1973), Art.185(3)--­Leave to appeal was granted, inter alia, to consider the question whether the plea of grave and sudden provocation taken by one of the accused on the trial received due attention in the High Court.--[Grave and sudden provocation]. (b) Penal Code (XLV of 1860)--- ----Ss.302/149, 148 & 449---Two conflicting versions---When there were two conflicting versions for consideration before the Court, the one agitated by the prosecution and the other by the defence and both were probable, the one favouring the defence was to be preferred, more so when it got corroboration from the circumstantial evidence available in the case. (c) Penal Code (XLV of 1860)--- ----Ss. 302 8t 304, Part I---Appreciation of evidence---Accused were found responsible for doing away with the lives of the two persons but under grave and sudden provocation for which they were liable under S.304, Part I, P.P.C: =-Conviction of accused was consequently altered from S.302, P.P.C. to S.304, Part I, P.P.C. and sentences of imprisonment for life awarded to them were reduced to ten years' R.I. each accordingly. Muhammad Hanif Niazi, Advocate Supreme Court and Rana Maqbool A. Kadri, Advocate-on-Record (absent) for Appellants. Raja Abdul Ghafoor, Advocate Supreme Court for the State, Date of hearing: 28th June, 1993. JUDGMENT WALI MUHAMMAD KHAN, J.---Ghulam Hussain alias Hussain Bakhsh, Khadim Hussain, Ghulam Qasim, Rab Nawaz, and Wazir, appellants herein, through leave of the Court, call in question the judgment dated 30-7-1991 passed by the Lahore High Court, whereby their appeal against the order, dated 15-12-1988 delivered by the learned Additional Sessions Judge, Bhakkar convicting them for life imprisonment and fine of Rs.5,000 each on two counts under section 302/149, P.P.C. for causing the death of Muhammad Ashraf deceased and Mst. Zohran Mai deceased, and also under section 148, P.P.C. to one year R.I. each and under section 449, P.P.C. to 5 years' R.I. plus a fine of Rs.1,000 each, was dismissed. The leave granting order is as under:--- "Leave is granted, inter alia, to consider the…

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