Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302 & 304, Part I---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine the contention of accused that evidence produced by the prosecution itself made out a case of self-defence of person; as such he was entitled to be acquitted while on the other hand contention of complainant was that the High Court erred in holding that it was a case of free fight as the accused had fired at the deceased after the threat to his life had' come to an end and the fight was over. (b) Penal Code (XLV of 1860)-- ----S. 300, Exception 4---Sudden fight---Accused molested a close relation of the deceased and thus provoked the entire incident ending up with firing of a shot by the accused---Conclusion of the Court that it was a sudden fight fully qualifying for the application of Exception 4 to S.300, P.P.C. was justified. Syed Ali Bepari v. Nibaran Mollah and others PLD 1962 SC 502 applied. (c) Penal Code (XZV of 1860)- ----S. 300, Exception 4---When all other conditions of Exception 4 to 5.300, P.P.C. were satisfied, Explanation to Exception 4 to 5.300, P.P.C. provided that the fact that as to which party provoked or otherwise committed the first act of aggression, would become immaterial. (d) Penal Code (XLV of 1860)- ----S. 300, Exception 4---Sudden fight---Accused had taken undue advantage of his having a firearm by him and although he still had three more live cartridges, he did not fire/repeat the second shot at the deceased---Case thus fell within Exception 4 to 5.300, P.P.C: -Sentence of ten years' R.I. though could have been enhanced by adding some more years, but Supreme Court in view of the agreement between counsel of parties instead of enhancing rigorous imprisonment enhanced the sentence of fine so as to compensate the heirs of the deceased which also satisfied the Islamic ethos. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ: --These two Criminal appeals by leave of the Court are direct ea against the judgment in appeal by the High Court in a conviction under section 302, P.P.C. The leave grant order reads as follows:-- "Anwar Ali Shah, petitioner, was convicted by the Additional District Judge at Attock of…

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