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Petitioner: MUHAMMAD SADIQ VS Respondent: STATE
1987 S C M R 1935
1987 S C M R 1935
Present: Muhammad Afzal Zullah and Javid Iqbal, JJ
MUHAMMAD SADIQ--Petitioner
versus
THE STATE--Respondent
Petition for Leave to Appeal No.399 of 1982, decided on 26th January, 1987.
(On appeal from the judgment and order of the Lahore High Court, Lahore dated 17th October, 1982 in Criminal Appeal No.421 of 1981)
Penal Code (XLV of 1860)--
--Ss. 302 & 304, Part I--Constitution of Pakistan (1973), Art. 185 (3)--Grave and sudden provocation--Re-appraisal of evidence--Petition for grant of leave to appeal against conviction under S. 302, P.P.C.- Accused party constructed wall illegally and when complainant side complained against raising of wall or started demolishing same, they were attacked--Plea that since complainant party had suddenly and gravely provoked petitioner by starting to demolish wall which petitioner and his family had constructed, the case fell under 304, Part I, P.P.C. repelled--No case having been made out for re-appraisal of evidence--Leave to appeal refused.
Ahmad Hussain Shah Bokhari, Advocate Supreme Court (absent) with Mahmood A Qureshi, Advocate-on-Record for Petitioner.
Nemo for the State.
Date of hearing: 26th January, 1987.
ORDER
JAVID IQBAL, J.--Leave to appeal is being sought against the judgment dated 17th October. 1982 passed by a learned Single Judge of the Lahore High Court Lahore in Criminal Appeal No.421 of 1981.
2. The background is that the present petitioner alongwith his father Pola Khan and his brother Alam Khan was tried for the murder of Muhammad Khan and for causing injuries to Muhammad Sharif P.W.6. brother and Mst. Rahmat Bibi the prosecution version the accused party attacked the complainant side. The petitioner gave a Sota blow on the head of the deceased. Second Sota blow was given on his head by Muhammad Alam. As a result he fell down unconscious. Pola Khan gave a Sota blow to Muhammad Sharif P.W. on his shoulder and when Mst. Rahmat Bibi P.W. advanced forward to separate the parties the petitioner gave a Sota blow which fell on her head. Then Muhammad Alam and Pola Khan each gave one Sota blow which hit her on the forehead and shoulder. The occurrence was witnessed also by Muhammad Fazal P.W. The accused party ran away. The deceased died before reaching the hospital. According to the medical evidence he had two contused wounds on the left side of the head. The learned Single Judge of the Lahore High Court Lahore held on the basis of the ocular testimony in the instant case that the petitioner had opened the attack on the deceased and that the injuries on the head of the deceased revealed that they could be the result of a single blow.
3. Learned counsel for the petitioner attempted to argue that since the complainant party had suddenly and gravely provoked the petitioner by starting to demolish the wall which the petitioner and his family had constructed, the case fell under section 304, Part I P.P.C. and not under section 302, P.P.C. We do not find any force in this argument. The accused party had constructed the wall illegally and when the complainant side had complained against the raising of the wall or started demolishing the same they had been attacked. We have gone through the impugned judgment and the record and in our considered opinion no case is made out for re-appraisal of the evidence. The result is that this petition is dismissed.
M.I/M-168/S Petition dismissed.