M. S. H. QURAISHI, J.--The petitioners are aggrieved by the judg--ment of the Lahore High Court dated 29th March, 1981, where their appeal from their conviction under section 302/34, P. P. C. Of the murder of Siddiq A.I and his son Ashfaq deceased was dismissed and the death sentences passed against Muhammad Sarwar and Muhammad Anwar, petitioners 1 and 2, were confirmed.
2. The occurrence giving rise to the case against the petitioners took place on 24th September, 1978 at 1.00 p. m. When Muhammad Sarwar armed with a dagger, Muhammad Anwar with a knife and Muhammad Afzal with a chhuri came armed to the dera of the deceased and caused their death.
The immediate motive for the occurrence was an incident earlier in the morning, in which in a quarrel between two boys, i.e., Shehzad (a son of deceased Siddiq A.I) and Arsh d (a brother Of the petitioners) Ashfaq deceased had given slaps to Arshad. In the course of the investigation, the petitioners were arrested and at their instance blood-stained weapons as aforesaid and clothes were recovered. As only one injury had been attributed to Muhammad Afzal petitioner which was on the person of Siddiq A.I deceased and which was not fatal, he was given the lesser penalty.
3. It is contended that in view of the earlier incident which had acted as a provocation, the offence did not fall under section 302, P. P. C. For which reliance was placed on AIR 1945 P C 118 and PLD 1967 SC 18. We feel that the contention requires to be examined. We accord--ingly grant the petitioners leave to appeal.