Law:

Section:

(a) Penal Code (XLV of 18617), .S. 34-Common intentions Not generally susceptible of direct proof Common intention ran be formed spontaneously at spur of moment. The existence or formation of a common intention within the meaning of section 34 of the Pakistan Penal Code is not generally susceptible of direct proof, and has to be inferred from the attendant circumstances of the crime. Common intention can be formed spontaneously at the spur of the moment. Where, therefore, the evidence was that the accused as well as the absconder fired at the deceased in quick succession, it was held that this showed unmistakably that they were acting in further­ance of their common intention to cause the death of the deceased. Rasool Bakhsh v. The State P L D 19644 S C 143 ref. (b) Penal Code (XLV of 1860), S. 30?-Prosecution witness related to deceased but otherwise having no motive to implicate accused in crime-Relied upon. JUDGMENT ANWARUL HAQ, J.-The two appellants, Shamaher and Abdur Rehman, were convicted under section 302/34 of the Pakistan Penal Code by the learned Additional Sessions Judge at Peshawar and sentenced to death for the murder of bahadur Sher, a paternal cousin of Aurangzeb (P. W. 12). In appeal, a Division Bench of the Peshawar High Court has maintained their convic­tions and has also confirmed the sentence of death passed against the appellant, Shamsher. However, in the case of Abdur Rehman the sentence has been reduced to transportation for life for the reason that he was hardly fourteen years of age at the time of the commission of the crime. The incident was alleged to have taken place at 1 p.m. on 2-8-69 at the bus-stand close to the village Abadi of Tehkalbala, a few miles from Peshawar City. The deceased accompanied by his cousin, Aurangzeb (P. W. 12) arid Said Rehman (P. W. 13) had gone to the District Courts in Peshawar that morning for the purpose of standing surety for Said Rehman's nephew, Gul Rehman (P. W. 15), who was in police custody on account of being involved in a fight with an Inspector of the Government Transport Service. Gul Rehman was released at about 11-45 a.m. under the orders of a Magistrate. One Majid also stood surety along…

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