Penal Code (XLV of 1860)--
---Ss.302 & 323--Sudden fight--High Court on finding that murder was committed in course of a sudden fight which arose at the spur of moment and as such every person was responsible for his own act altering convictions of accused and reducing their sentences accordingly--Finding arrived at by High Court found to be based on sound reasons--Case, held, was not fit for rant of leave to appeal - Petition dismissed.
Ch. Imtiaz Ahmad, Advocate Supreme Court and Rana Maqbool, Ahmad Qadri. Advocate-on-Record for Petitioner.
Nemo for Respondents
Date of hearing: 22nd December, 1987.
MUNIR AHMAD VS STATE1988 S C M R 372Present: Aslam Riaz Hussain, Muhammad Afzal Zullah and Saad SaoodJan, JJMUNIR AHMAD--PetitionerversusTHE STATE and others--RespondentsCriminal Petition for Special Leave to Appeal No. 87 of 1984, decided on 22/12/1987.(Against the judgment of the Lahore High Court, Lahore, dated 28-2-1984 passed in Criminal Appeals Nos. 276 and 282 of 1981).
ORDER
ASLAM RIAZ HUSSAIN, J.--Petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 28-2-1984, whereby it reduced the sentence of Suba respondent from death to imprisonment for life; acquitted Muhammad Sadiq respondent of the charge under section 302, PPC and reduced his sentence under section 323, PPC to that already undergone by him and also reduced the sentence of Manzoor Ahmad respondent No.3 under section 323, PPC to that already undergone by him.
2. We have gone through the impugned judgment and find that as held by the High Court the murder in this case was committed in the course of a sudden fight, which arose at the spur of the moment and as such every person was responsible for his own act. It is for this reason that it has altered the convictions and reduced sentences of the 3 respondents in the manner mentioned above.
3. The learned counsel for the petitioner submitted that this finding of the High Court was not warranted by the evidence on the record, He has taken us through the relevant portions of the judgment and the evidence on the record but we are not persuaded to agree with the abovementioned contentions of the petitioner's counsel and are of the view that the finding arrived at by the High Court is based on sound reasons. We do not therefore think that this is a fit case for grant of leave. The petition is consequently dismissed.
S.Q./M-291/SPetition dismissed.
---Ss.302 & 323--Sudden fight--High Court on finding that murder was committed in course of a sudden fight which arose at the spur of moment and as such every person was responsible for his own act altering convictions of accused and reducing their sentences accordingly--Finding arrived at by High Court found to be based on sound reasons--Case, held, was not fit for rant of leave to appeal - Petition dismissed.
Ch. Imtiaz Ahmad, Advocate Supreme Court and Rana Maqbool, Ahmad Qadri. Advocate-on-Record for Petitioner.
Nemo for Respondents
Date of hearing: 22nd December, 1987.
ORDER
ASLAM RIAZ HUSSAIN, J.--Petitioner seeks leave to appeal against the judgment of the Lahore High Court dated 28-2-1984, whereby it reduced the sentence of Suba respondent from death to imprisonment for life; acquitted Muhammad Sadiq respondent of the charge under section 302, PPC and reduced his sentence under section 323, PPC to that already undergone by him and also reduced the sentence of Manzoor Ahmad respondent No.3 under section 323, PPC to that already undergone by him.
2. We have gone through the impugned judgment and find that as held by the High Court the murder in this case was committed in the course of a sudden fight, which arose at the spur of the moment and as such every person was responsible for his own act. It is for this reason that it has altered the convictions and reduced sentences of the 3 respondents in the manner mentioned above.
3. The learned counsel for the petitioner submitted that this finding of the High Court was not warranted by the evidence on the record, He has taken us through the relevant portions of the judgment and the evidence on the record but we are not persuaded to agree with the abovementioned contentions of the petitioner's counsel and are of the view that the finding arrived at by the High Court is based on sound reasons. We do not therefore think that this is a fit case for grant of leave. The petition is consequently dismissed.
S.Q./M-291/SPetition dismissed.
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