Law:

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(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine the contention that after holding the occurrence to be a sudden affair without premeditation, High Court was not justified in maintaining conviction under S. 302, P.P.C. as at best it was a case under S.304, P.P.C. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 304, Part I---Appraisal of evidence---Sentence of death awarded to accused by Trial Court had been reduced to imprisonment for life by the High Court on the ground of the affair being sudden and without pre­meditation---Accused had given only one blow to the deceased and could not be said to have taken any undue advantage of the situation or acted in a cruel or unusual manner---Provision of Exception 4 to S. 300, P.P.C. was, therefore, clearly attracted in the case---Conviction of accused was consequently altered from S. 302, P.P.C. to S. 304, Part I, P.P.C. and he having remained in jail as undertrial for two years and having undergone more than six years' R.I., his sentence was reduced to the imprisonment already undergone by him. JUDGMENT MUHAMMAD RAFIQ TARAR, J.---This appeal by Hassan Muhammad with the leave of this Court is directed against the Judgment of a learned Division Bench of the Lahore High Court dated 6-4-1987. 2. The appellant alongwith five others was tried by the learned Additional Sessions Judge on the allegation that on 27-4-1983 at Assar Wela he and his co-accused formed themselves into an unlawful assembly with the common object of committing the murder of Saif Ali alias Malooka deceased and for making murderous assault on Amanat and Mst. Allah Wasai P.Ws. and in prosecution of that common object of the said unlawful assembly to have actually committed the murder of Saif Ali alias Malooka and made murderous assault on the aforesaid P.Ws. By judgment dated 30-5-1985, the learned Additional Sessions Judge, convicted all of them under sections 148, 452, 302 and 307/149, P.P.C. The appellant was sentenced to R.I. for 2 years under sections 148, P.P.C., R.I. for 3 years and a fine of Rs.2,000 under section 452/149, P.P.C. and R.I. for 10 years and a fine of…

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