Law:

Section:

Penal Code (XLV of 1860) Ss. 302(b) & 337 F(v) Constitution of Pakistan (1973), Art. 185(3) Enhancement of sentence Occurrence was not the result of any planned or premeditated assault on the victim party but was the result of a sudden flare up on the spot leading to a free fight in which three persons of the complainant side including the deceased had received injuries and in which one accused had' also received injuries on his person Conclusion reached by the Courts below were neither arbitrary nor ill founded No reason justifying enhancement of the sentences recorded against the accused was available in the case Leave to appeal was refused to complainant in circumstances. Malik Saeed Hassan, Senior Advocate Supreme Court with Tanvir Ahmad, Advocate on Record for Petitioner. Nemo for Respondents. Date of hearing: 23rd April, 2003. ORDER KHALIL UR REHMAN RAMDAY, J. Allah Diwaya, Ali Gohar and three others were tried by a learned Additional Sessions Judge, at Rahimyar Khan for having caused the murder of one Abid Hussain and for having caused injuries on the persons of Kashif Hussain and Khandoo. Through his judgment, dated 23 5 1998 the said learned trial Judge found only Allah Diwaya and Ali Gohar guilty of participation in the crime in question and convicted them while the remaining three accused persons were acquitted by him. The learned trial Judge concluded that the occurrence in question was the result of a free fight on account of a sudden flare up between the parties and thus, found the two convicts liable only for their individual acts. Since Allah Diwaya was the one who was found to have caused the murder of Abid Hussain, therefore, he was convicted under section 302(b) of the P.P.C. and was directed to suffer imprisonment for life. He .was also convicted for causing injuries to Khandoo P. W. 2 and was punished with 10 years' R.I. under section 337 D of the P.P.C. with a direction to him to pay an amount of Rupees one lac to the said P.W. as Arsh. Ali Gohar was convicted only of causing a fire arm injury on the person of Kashif Hussain P.W.3 and was consequently punished with five years' R.I. with a further direction to him to pay an amount of…

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