Law:

Section:

(a) Penal Code (XLV of 1860)-S. 302-Murder case-Incised injuries on body of deceased contended to have not been caused by a hatchet as alleged by prose­cution-Doctor not cross-examined on point-Lower Courts relying on categorical statements of witnesses attributing injuries to hatchet blows-Medical evidence, inter alts, showing fractures on left parietal and left temporal bone and left parietal frontal suture of skull opened up-Such damage, held. consistent with ocular evidence attributing injuries to hatchet blows.-[Expert evidence] (b) Penal Code (XLV of 1860)- -- S. 302-Murder charge-Sentence, mitigation of-Mere fact of accused being a college student-No ground for imposing lesser sentence-Matter one for consideration of Government and accused, if so advised, could ask for clemency from such quarters.-[Sentence]. (c) Penal Code (XLV of 1860)--- S. 302 read with Ss. 148 & 149-Common object-Unlawful assembly-Foundation for application of S. 149 : Accused being members of unlawful assembly-No finding by trial Court on accused being members of an unlawful assembly-Provisions of S. 149 not attracted-Convicts could not on appeal be constructively held guilty under section-All convicts acquitted of charge of rioting under S. 148 and no appeal by State from such acquittal preferred-No question arose of application of S. 149-High Court even if allowing private complainant's revision petition against acquittal, held, could only have ordered retrial of convicts under section not held applicable to them by trial Court--Retrial not appearing necessary in ends of justice, refused by Supreme Court.-[Common intention-Appeal against acquittal-Criminal trial-Revision (criminal)], Muhammad and others v. The State P L D 1962 S C 450 distinguished. Sh. Masood Akhtar, Advocate-en-Record for Appellant (in Cr. A. No. 45 of 1974). Syed Inayat Hussain, Advocate-on-Record for Appellant (in Cr. A. No. 46 of 1974). Riaz Ahmad, Assistant Advocate-General Punjab instructed by Sh. Ijaz Ali, Advocate-on-Record (absent) for the State (in both the Appeals). Tanvir Ahmad, Advocate-on-Record for Respondents Nos. 1-4 (in Cr. A. No. 46 of 1974). Dates of hearing : 5th and 6th November 1975.…

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