Law:

Section:

Penal Code (XLV of 1860) S. 302 Constitution of Pakistan (1973), Art. 185(3) Accused himself had admitted the occurrence and could not displace the findings of fact recorded by the two Courts below None of the members of the complainant party was armed which any weapon Accused after altercation went to his house and brought a gun and fired at the deceased No enmity existed between the accused and the complainant party Leave to appeal was refused in circumstances. JUDGMENT ABDUL QADEER CHAUDHRY, J: Leave to appeal has been sought against the judgment of the High Court dated 8 6 1993. 2. The facts of this case, as narrated by the High Court, are as under: "According to the prosecution, the appellant and the deceased were living on Shah Risal Road in houses situate closeby Shah Risal Road from its middle had been dug up by contractors for laying sewerage pipes. In front of the shop of appellant some water had collected in a pit. 3 days before the occurrence the appellant made a cut in that pit for disposing of the water into the ditch dug up for laying sewerage pipes. Muhammad Akbar (deceased) took objection to it and restrained him from doing so. This led to a quarrel between them. The appellant, allegedly, left the place administering threat to deal with him later. On the fateful day at about 2 15 p.m. the appellant again started making a cut in the pit for disposing of the water into the said ditch and Muhammad Akbar (deceased) once again, prohibited him, from doing so. At this, the appellant entering his house brought out a gun. Meanwhile, P.Ws. Muhammad Asghar (brother of the deceased), Mst. Bilqees (his mother) and Mst. Rashidan (his sister), who were sitting on a `Tharra' in front of their own house and Salahuddin Ayyubi P.W. standing in the gate of nearby Karbala Shah Risal, advanced towards the appellant beseaching him not to fire at the deceased. But the appellant paying no heed to their request loaded the gun and taking aim fired a shot which hit the head of the deceased, and as a result the deceased fell dead. Seeing the P.Ws. advancing towards him, the appellant allegedly attempted to reload the gun but did not succeed and, therefore, ran away…

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