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Penal Code (XLV of 1860)---- S. 302/34 Constitution of Pakistan (1973), Art. 185(3) High Court being not satisfied with the account of the eye witnesses had observed that the defence version to the extent of the happening of the occurrence was more plausible and befitting in the circumstances of the case Leave to appeal was granted to consider whether in view of the said finding it was a fit case where the accused should at all have been convicted or his case fell under Exception 4 to S. 300, P.P.C. ORDER SAAD SAOOD JAN, ACTG. C.J. The petitioner Muhammad Mansha, and one Abdul Rashid were convicted by the Additional Sessions Judge at Gujranwala of the offence under section 302 read with section 34, Pakistan Penal Code, for causing the death of Abdul Sattar, deceased, and were sentenced to imprisonment for life and payment of fines and compensation. The convicts preferred an appeal before the High Court. A learned Single Judge acquitted Abdul Rashid but maintained the conviction and the sentence of the petitioner. From the judgment of the High Court the petitioner seeks leave to appeal from this Court. 2. The occurrence took place on 18 9 1986 after Isha prayer in the fields of village Kot Shera. It was the case of the prosecution that the petitioner and Abdul Rashid attacked the deceased with daggers. The deceased received as many as four incised wounds and he died at the spot. The occurrence was reported by the father of the deceased, Allah Ditta, to Sub Inspector Muhammad Hussain of Police Station Qila Didar Singh on the same evening. 3. At the trial, the petitioners pleaded not guilty to the charge of causing the death of the deceased. He did not deny that he was not responsible for causing the death of the deceased but came out with his own version: "Factual position is that on the night of occurrence, I alongwith my sister and brother's wife were coming from our Dera which is situated at a distance of 50 Karams from the place of…

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