Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider the question as to whether in the surrounding circumstances, the accused's guilt attracted the lesser penalty. (b) Penal Code (XLV of 1860)--S. 302---Sentence, reduction in---Accused being provoked by the earlier scuffle immediately thereafter pursued and attacked the deceased and, thus, was entitled to the lesser sentence---Sentence of death awarded to accused was converted to imprisonment for life accordingly.---[Sentence]. JUDGMENT RUSTAM S. SIDHWA, J.---This is an appeal by Nazir Ahmad appellant against the judgment of a learned Division Bench of the Lahore High Court dated 13-5-1990 dismissing his appeal and confirming his death sentence. 2. The brief facts of the case are that Nazir Ahmad appellant, his brother Bashir Ahmad and his father Muhammad Shafi acquitted accused and Hifazat Ali deceased are co-villagers. Two-three days before the occurrence, on account of rainy water, mud plaster accumulated in the street in front of the house of Rehmat Ali complainant P.W. 10. Nazir Ahmad appellant took objection to it, which led to a quarrel between Hifazat Ali deceased and the appellant. Muhammad Boota P.W.7, maternal-uncle of the deceased, and Nawab Din (given up P.W.), intervened and separated them. Nazir Ahmad appellant, while leaving, issued threats to the deceased that he would deal with him subsequently. 3. On the fateful day (6-11-1985) at about 6-00 p.m. Rehmat Ali complainant P.W. 10 and Hifazat Ali deceased, whilst returning home, passed in front of the Baithak of Barkat Ali P.W. 6, their neighbour. Hifa7at Ali deceased seeing that some persons, including Nazir Ahmad appellant, were playing cards, stopped there to see it, while Rehmat Ali complainant went ahead. Nazir Ahmad appellant objected to the deceased's presence there, whereupon a quarrel ensued between them an they exchanged abuses and fist blows. Hearing the commotion, Rehmat Ali ctmplainant P.W. 10 came back and took the deceased with him towards his other house. They had hardly reached the chowk of Shah Muhammad Lambardar P.W. 11, when the appellant and the two…

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