Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302/34---Bail, refusal of---Roles of both accused persons had clearly shown that they played overt acts in the commission of crime and their participation in the occurrence was not denied either---Both accused persons performed their contributory and respective roles---Accused were also present at the scene of occurrence in furtherance of their common intention to kill the deceased---Conduct and presence of accused persons had clearly shown that they acted in furtherance of common intention---Ingredients of S.34, P.P.C. were present in the case---One accused inflicted a Sota blow on wrist of deceased's father, whereas, the other accused held deceased in his clasp---Another co-accused caused fatal hatchet blow to deceased Prior to that, all accused including petitioner/accused persons together ambushed and intercepted the complainant party to achieve their common objective---Accused persons would also be deemed liable for the act done by co-accused---Bail application, was dismissed, in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 34---Main ingredients of S.34, P.P.C.---Main ingredients of S.34, P.P.C. were that a criminal act must be done by several persons; that criminal acts must be done to further the common intention of all; and that there must be participation of all persons in furthering the common intention. ORDER SYED SHABBAR RAZA RIZVI, J.---The learned counsel seeks post-arrest bail petitioners in F.I.R. No.124 of 2008, dated 7-6-2008, under sections 302 and 34, P.P.C. registered at Police Station Massan, District Jhang. 2. Briefly, according to the F.I.R. complainant Muhammad Faraz, Khizar Hayat (father) and Muhammad Faraz (brother) were coming home their animals had grazed. They were attacked by Umar Hayat petitioner armed with Sota, co-accused Bahadur armed with hatchet, petitioner Muzaffar armed with Phaora and co-accused Abdul Shakoor alias Bala who were waylaying near their cattle-shed. Co-accused Abdul Shakoor raised Lalkara, whereupon petitioner Muzaffar held Umar Draz while co-accused Bahadur gave a hatchet blow which hit Umar Draz on front side of his…

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