Law:

Section:

(a) Penal Code (XLV of 1860)--S. 302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether in view of the occurrence being the result of a sudden affair, the extreme penalty of death provided under the law was not called for. (b) Penal Code (XLV of 1860)--- ----S. 302---Sentence, reduction in---Parties were closely related with no previous enmity and something must have happened between them before they came to grips which was being suppressed---Extreme penalty of death, therefore, was not called for and the lesser penalty provided under the law could amply meet the ends of justice---Sentence of death awarded to accused was altered to imprisonment for life accordingly: --[Sentence]. JUDGMENT WALI MUHAMMAD KHAN, J: --Through the instant Criminal Appeal, by leave of the Court, Muhammad Siddique appellant has called in question the order dated 31-3-1990 passed by the Lahore High Court whereby his appeal against his conviction under section 302, P.P.C. and death sentence was dismissed and the death sentence was confirmed on the reference made by the Additional Sessions Judge. While arguing the petition for grant of leave to appeal, the learned counsel for the petitioner did not question the legality of the conviction of the petitioner under section 302, P.P.C. but emphasised that in view of the occurrence being he result of a sudden affair, the extreme penalty of death provided under the law was not called for. Leave has been granted only to consider the question of sentence. 2. According to the prosecution story, the appellants and his co-accused were digging a drain in the lane which is being claimed by the complainant party as their exclusive property. On the objection of the complainant party, an altercation ensued between them but they were separated by the persons collected there. It is alleged that the accused party thereafter went to their house and after some time Muhammad Siddique appellant armed with .12 bore gun and his co-accused Muhammad Ali, Muhammad Zikariya and Muhammad Azam armed with Sotas came to the spot. Muhammad Ali delivered Sota blows to Ahmad Ali, Muhammad Azam gave Sota blows to Abdul Qayyum P.W.…

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