Law: Pakistan Penal Code, 1860

Section: 34,149

Penal Code (XLV of 1860), Ss. 34 & 149-Application and distinction JUDGMENT SHABIR AHMAD, J.-The joint trial of Nawab. Fateh Muhammad, Hakim Ali, Subhan and Shah Muhammad, under section 148, 302/149 and 307/149 of the Pakistan Penal Code, resulted in Nawab being sentenced to death under section 302, Subhan to eight months, rigorous imprisonment under sec­tion 324 Shah Muhammad to Rs. 30 fine under section 352, and Fateh Muhammad and Hakim Ali to three months' rigorous imprisonment under section 323 of the Pakistan Penal Code. Mr. M, A. Latif, Sessions Judge, Lyallpur, who passed the above sentences has referred the case to this Court under sec­tion 374 of the Code of Criminal Procedure for the confirma­tion of the sentence of death imposed on Nawab. There is also an appeal to this Court by Nawab, Fateh Muhammad, Hakim Ali and Subhan, but Shah Muhammad has not cared to appeal. The reference for confirmation and the appeal will be disposed of by this order. The case of the prosecution was that having formed them­selves into an unlawful assembly, the four appellants and Shah Muhammad attacked Abdul Shakur deceased and, in the course of the transaction which resulted fatally, injuries were caused to Mst. Saddan, Mst. Maryam and Abdul Karim who tried to intervene. The motive was stated to be that some hours earlier the deceased had an altercation with Nawab appellant who was found sitting in the house occupied by Mst. Jannat, a widowed aunt of the deceased. First information report about the incident, which took. place at about sunset time, in Chak No 653/4-G.B., in the District of Lyallpur, was given at Police Station Lundianwala, which is at a distance of about four miles from the scene of the occurrence, the same day at about 9-30 p.m. by Abdul Aziz, the father of Abdul Shakur. The report mentioned the alterca­tion between the deceased and Nawab appellant in the morning and the fatal assault on the deceased as well as the receipt of injuries by three of the persons who tried to rescue the deceased. It was also stated in the report that the incident bad been witnessed besides the informant himself, by Abdul Sattar, Mst. Saddan, Mst. Maryam, Abdul Karim, Mst.…

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