Law:

Section:

(a) Penal Code (XLV of 1860)-- .----S. 302/34---Appreciation of evidence---Both parties had introduced vital falsehoold in their respective versions---Prosecution had failed to explain the injuries on the person of sister of accused persons while accused persons had withheld the whole truth regarding their having almost killed their own sister and assumption was that but for the incident of their sister there might not have been any murder at all---Held, only alternative for the Court was to follow the guidelines given in the case of Syed Ali Bepari PLD 1962 SC 502 and it was not only legally possible but also a legal necessity to act on the third probable version which was shorn f the embroidery and falsehood introduced by both the interested parties---Court after considering the matters before it could act on genuine probability and adopt the said course. Syed Ali Bepari's case PLD 1962 SC 502 applied. (b) Penal Code (XLV of 1860)-- ----Ss. 304, Part I & 300, Exception 1---Grave and sudden provocation--­Probability was that sister of accused persons had been taken away by deceased and she was still in the house of deceased when the accused persons came to know about that `and accused persons went there, caused injuries to both deceased and their own sister and retrieved their honour to their house---Such act of accused, held would fall under S.300, Exception 1, C.P.C. and offence committed by them would fall under S.304, Part 1, P.P.C. in circumstances--­Conviction of accused under S.302, P.P.C. was therefore set aside. Syed Ali Bepari's case PLD 1962 SC 502 applied. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ. ---This appeal through leave of the Court is directed against the dismissal by the High Court of appellants' Criminal Appeal and affirmation of their conviction under sections 302 and 449, P.P.C. and sentences including life imprisonment together with tine on two counts of murder. Leave grant order which is based on and includes two conflicting opinions, reads as under: "1st Hon. Judge "Zahid Pervaiz aged 20 years and his brother Muhammad Aslam aged 26 years have jointly filed a petition for leave to appeal from jail against their conviction under section…

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