Law:

Section:

(a) Penal Code (XLV of 1860)---- ----S. 302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to accused by Supreme Court in regard to quantum of sentence only. (b) Penal Code (XLV of 1860)---- ----S. 302---Appraisal of evidence---Sentence, propriety of---Accused and the deceased were close relatives with no enmity between them --- Incident was not premeditated, because the accused was empty-handed and on account of a sudden flare-up had fetched a shotgun post-haste from the house of his uncle located adjacent to the land being partitioned and both the deceased had lost their lives as a result of a single shot fired by the accused---Sentences awarded to accused on two counts had become inconsistent on account of reduction of his death sentence on one count to imprisonment for life by High Court which had not been challenged by the complainant party--­Sentence of death awarded to accused by Trial Court on the other count and confirmed by High Court, was altered to imprisonment for life in circumstances---Both the sentences were to run concurrently. Nazeer Ahmed v. The State -1999 . SCMR 396; Khuda Yar and 2 others v. The State 1992 SCMR 357; Aurangzeb v. The State 1978 SCMR 255 and Muhammad Sharif v. The State 1991 SCMR 1622 ref. JUDGMENT QAZI MUHAMMAD FAROOQ, J. ---The appellant Ulfat Hussain alias Ulfat Nawaz, aged about 26 years, was tried by a learned Additional Sessions Judge, Rawalpindi alongwith his father Muhammad Ajaib under sections 302/34, P.P.C. for committing double murder of two real brothers Liaqat Ali and Allah Ditta in furtherance of their common intention. He was found guilty of the offence charged with and by judgment, dated 1-2-1994 was convicted under section 302,. P.P.C, and sentenced to death on two counts and a tine of Rs.1,00,000 on each count or further two years' R.I. in default. Half of the fine, if recovered, was ordered to be paid to the legal heirs of the deceased as compensation. His father was however, acquitted. 2. The appeal filed by the appellant was dismissed by a learned Division Bench of the Lahore High court, Rawalpindi Bench, Rawalpindi, vide judgment, dated 20-8-1997, with these modifications…

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