Law:

Section:

(a) Penal Code (XLV of 1860)-------S.302/34---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider whether occurrence was a sudden fight and whether the penalty imposed on the accused by High Court was appropriate in circumstances of the case. (b) Penal Code (XLV of 1860)--S.302/34---Appraisal of evidence---Triviality of motive---Broad daylight occurrence---Natural witnesses---Plea raised by the accused was 'that prosecution evidence consisted of statements of related, interested and unreliable witnesses who had not seen the occurrence and that motive attributed to the accused was not only false but weak to prompt him to kill the deceased---Validity---High Court had rightly repelled the plea with the admitted position (by the defence) that there was no previous enmity between the parties---Natural course of events in relation to the eye-witnesses in the case was taken into account, who were attracted to the scene of occurrence on account of their residence near thereto---High Court had found that occurrence having taken place in broad daylight was running counter to the plea of mistaken identity and that triviality. of motive would not tantamount to giving a clean chit to the defence for establishing that the case was false--­Conviction of the accused was rightly upheld by the appellate forum and altering his sentence from death to imprisonment for life by considering that motive in the case was trivial---Case was that of sudden flare-up and death had been caused with a solitary shot---Judgment of High Court was not suffering from any taint to justify interference therewith---Appeal was dismissed by Supreme Court. Rehmuddin v. The State 1973 SCMR 327 and Masoom Beg v. Muhammad Munir and another 1971 SCMR 476 distinguished. (c) Penal Code (XLV of 1860)--- ----S. 302/34---Appraisal of evidence---Sudden fight---Absence of mens rea and actus rea---Effect--=Accused went to his house, picked up the licensed gun of his uncle and fired on the deceased hitting him in the chest---Time taken by the accused in coming back to the place of occurrence with the gun had not been shown to be insufficient to clothe the accused…

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