Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302, 307, 304, Part 1, 300, Exception 4 & 308---Appreciation of evidence--­Occurrence started suddenly without any premeditation and encounter led to an affray which attracted eye-witnesses and accused who all lived in same neighbourhood---Both parties had firearms and due to tension already prevailing between them they started throwing stones and firing at each other in heat of moment---Case against accused, held, was covered â-žby Exception 4 to S.300, ,P:P.C.---Convictions and sentences of accused under Ss.302 & 307, P.P.C. were accordingly set aside and instead they were convicted under Ss.304, Part 1 & 308, P.P.C. read with S.34, P.P.C. and awarded lesser sentences thereunder. (b) Penal Code (XLV of 1860)--- ----S. 300, Exception 4---For the purpose of Exception 4 to S. 300, P.P.C. it is immaterial to determine which of the parties had offered provocation or committed first assault. JUDGMENT SAAD SAOOD JAN, J.---The appellants, Ghulam Muhammad and Rab Nawaz, together with Shah Jahan and Ata Muhammad, were tried by the Additional Sessions Judge at Sargodha on charges under sections 302 and 307, read with section 34, Pakistan Penal Code, for causing the death of Muzaffar Khan deceased and making murderous assault on Ghulam Mohammad and Sher Muhammad. The learned Additional Sessions Judge convicted Ghulam Muhammad and Rab Nawaz alone on charges under sections 302 and 307, Pakistan Penal Code. He acquitted Ata Muhammad of both charges and convicted Shah Jahan of an offence, under section 323 P.P.C. For the offence under section 302 P.P.C. he sentenced the two appellants to death and for the offence under section 307, PPC he sentenced them to suffer R.I. for a period of, five years. He also directed them to pay fines. 2. The three convicts, namely, Ghulam Muhammad, Rab Nawaz and Shah Jahan, who were real brothers filed a joint appeal before the High Court against their convictions and sentences. The learned .Additional Sessions Judge also made a reference to the High Court for the confirmation of the death sentence imposed upon Ghulam Muhammad and Rab Nawaz.. The complainant party filed a revision petition…

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