Law:

Section:

Penal Code (XLV of 1860)-------Ss. 304, Part II & 323---Constitution of Pakistan (1973), ATt.185(3) --- High Court after having considered prosecution case and defence in juxtaposition reached the conclusion that fight was sudden and there was no motive to take the life of deceased who had only one injury on his person---Accused had not repeated the attack---High Court had assessed evidence and considered plea of accused---High Court could not be said to have made any departure in assessing evidence on record---Judgment of High Court was neither perverse nor capricious---Reappraisal of evidence was not considered necessary---Petition for leave to appeal was accordingly dismissed. ORDER ABDUL QADEER CHAUDHRY, J.--Leave to appeal is sought against the judgment of the Lahore High Court dated 13-6-1987 whereby the conviction of the respondents was altered. . 2. The facts, in brief, are that a case was registered against the respondents at the Police Station Noor Shah, District Sahiwal, for the murder of Jalal deceased on 21-12-1982 at about 10 a.m. According to the prosecution, Wali Dad complainant and his younger brother Jalal deceased were going to their Dhari from their house. When they reached near the house of Ahmad accused, both the respondents came there. Noor Ahmad was armed with a Phaura while Ahmad had a stick. Ahmed raised a Lalkara that Jalal should not be spared upon which Noor Ahmad gave a Phaura blow on the head of Jalal as a result of which he fell on the ground. Wali Dad raised alarm and tried to rescue his brother but he was given two stick blows by Ahmed accused. The occurrence was witnessed by Khan Muhammad (P.W. 9) and Dulley Khan (not produced). Jalal was taken to the hospital where he was got admitted. The motive for the offence was that about 30/35 years ago an uncle of the accused persons had murdered the maternal­-uncle of the complainant. He was convicted and executed. The parties were on inimical terms with each other on that score. 3. After the usual investigation, the accused were challaned in the Court. At the trial, the prosecution relied on the ocular evidence, the evidence of motive and the evidence of recoveries. Noor Ahmed…

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