Both parties were closely related

2013 PCrLJ 1674 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 302(b)/34Qatl-e-amd, common intentionAppreciation of evidenceSentence, reduction inOccurrence took place at 1-30 p.m. in the bright daylightBoth parties were closely relatedDeceased was brother of wife of one of the co-accusedTwo co-accused who were found innocent during investigation, were tried by the Trial Court and were acquitted

Complainant and two prosecution witnesses supported the version of the F.I.R.; they all admitted that the occurrence took place at the spur of the moment

Medical evidence corroborated the ocular account, the weapon, recovered from accused, kind of injury and seat of injury, and even time of occurrence was established

Nothing was on record to indicate that injury on the right thumb of prosecution witness was self-suffered

Said witness being wife of one of co-accused was the inmate of the same house, her presence at the place of occurrence was natural

Accused got recovered a chhuri which was later on found to be stained with human blood

Even the recovery of crime weapon corroborated the ocular account

Motive part of the occurrence was duly mentioned in F.I.R.; and even the defence had admitted that the deceased came to their house at the instigation of wife of accused and the occurrence started at the spur of the moment

Case was not that of premeditated murder and even accused had taken the plea of self-defence and had tried to bring his case under general exception

Deputy Superintendent of Police as court witness had admitted that it was the accused who was found involved in giving the injuries to the deceased

Involvement of accused for killing the deceased, was fully established, but stance of accused was that he acted in self-defence

All the witnesses had admitted that occurrence started at the spur of the moment

Both the parties were sitting together and proceedings of reconciliation were in progress, when suddenly the matter flared up and accused gave injuries to the deceased with the chhuri and he died

In view of said peculiar circumstances of the case and considering that occurrence was result of sudden flare up, accused deserved some leniency in his sentence

Conviction of accused, under S.302(b), P.P.C. was upheld, whereas his sentence was converted to life imprisonment from death sentence

Since the occurrence was result of sudden flare up, compensation of Rs.25,000 would meet the ends of justice

Murder Reference was answered in the negative, in circumstances.