Law:

Section:

Penal Code (XLV of 1860)--Ss. 304, Part I & 307---Constitution of Pakistan (1973), Art 185(3)--­Sentence---Cross-versions about the occurrence had created reasonable doubt as to which party had acted in aggression---Courts below had given concurrent finding on said aspect of the case---Punishment had to be commensurate with the gravity of the offence---High Court in the impugned had adequately considered all aspects in awarding sentence which did not suffer from any glaring defect or legal infirmity---Leave to appeal was declined to complainant by Supreme Court in circumstances. JUDGMENT MUNAWAR AHMED MIRZA, J.---This petition for leave to appeal is directed against judgment, dated 29th October, 1996 passed by Lahore High Court in Criminal Appeals Nos.204 and 624 of 1992 and Criminal Revision No.473 of 1992. 2. Relevant facts briefly mentioned are, that occurrence had taken place on 4-5-1989 around 10.30 a.m. at Chak Kikarwala of Rahwali Talwandi, District Gujranwala, dispute arose on 3rd May, 1989, a day prior to the fateful event, over plucking of tomatos by Ghulam Hussain and Muhammad Munir (belonging to accused party) from fields of complainant side. It is the case of prosecution that some persons from complainant side went to Muhammad Munir, brick kiln contractor for placing their grievance before him. During the course of conversation Ghulam Hussain exchanged hot words with deceased Halim Akram, which also ensued into scuffle between the parties and later ended up with unfortunate incident. Muhammad Munir and Ghulam Hussain had threatened them to avenge this disgrace. 3. It is alleged that, on 4-5-1989 at about 10.30 a.m. deceased Halim Akram, injured Muhammad Riaz, Muhammad Saleem and Muhammad Saeed were working in their potato fields when four persons namely Muhammad Latif, Ehsan Elahi (respondent herein), Muhammad Munir and Muhammad Hanif duly armed arrived there. They called out deceased Halim Akram and opened firing, which caused fire-arm injuries to Halim Akram and P.W.6 Muhammad Riaz, Halim Akram succumbed to the injuries in Hospital. P.W.5 Muhammad Akram lodged F.I.R. No.120 of 1989 with Police Station Cantt. Gujranwala at 2.00 p.m. on the…

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