Law:

Section:

(a) Penal Code (XLV of 1860)--­Ss. 302(c)/149, 337-D/149 & 148---Constitution of Pakistan (1973), Art.185(3)---Contention was that one of the Walis of the deceased having waived her right of Qisas under S. 309, P.P.C., a legal beneficial consequence had arisen in favour of the convicts which was not taken into consideration by the Courts below and that at best the Court could proceed under S. 311, P.P.C. the maximum punishment provided whereunder was imprisonment for a term which may extend to 10 years as Ta'zir---Leave to appeal was granted to examine the said contention and other related questions. (b) Penal Code (XLV of 1860)--- ----Ss. 302(c)/149, 337-D/149 & 148---Constitution of Pakistan (1973), Art.185---Appraisal of evidence---Widow of the deceased who happened to be the sister of the accused had waived her right of Qisas, but the same could not help the accused in any way as all the accused had been tried, convicted and sentenced under Ta'zir and not Qisas---Occurrence was not the result of pre-concert and premeditation but had occurred on account of sudden flare up--­Section 149, P.P.C. consequently, was not attracted to the facts of the case or at least its application was not free from doubt---Convictions and sentences awarded to accused were modified accordingly to their individual acts in circumstances. Bashir Ahmad v. The State PLD 1988 SC 86 and Misbahuddin v. The State PLD 1983 SC 79 ref. JUDGMENT WALI MUHAMMAD KHAN, J.---Manzoor Hussain son of Inhyat Muhammad, Mumtaz Hussain, Mulazim Hussain, Zahoor Hussain and Abdul Ghafoor sons of Noor Muhammad, appellants herein, through leave of the Court, have challenged the judgment dated 14-10-1992 passed by a learned Single Judge of the Lahore High Court, whereby their Appeal No. 306/92 against their conviction and sentences under sections 148, P.P.C., 302 (c) as amended by Qisas and Diyat Ordinance, 1991 read with section 149, P.P.C. and the order of payment of compensation amounting to Rs.57,330 under section 337 (d), P.P.C. read with section 149, P.P.C. to Muhammad Hussain P.W.8 as "Arsh" passed against them by the Additional Sessions Judge, Sargodha vide judgment dated 25-2-1992; was…

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