Law:

Section:

(a) Penal Code (XLV of 1860)--- -- S. 302/34 - Common intention - Deceased hit by only one bullet and bullet fired by another accused missing mark, hitting wooden almirah piercing through and embedded in adjacent wali­ Pieces of bullet recovered from Wall, held, fully corroborated ocular evidence regarding firing by both accused at deceased-Both accused, in circumstances, shared common intention to kill notwithstanding bullet fired by one accused alone having bit deceased-Other accused, held, armed with such common intention by his very presence.-[Com­mon intention]. (b) Penal Code (XLV of 1860)--- S. 302/34 - Sentence - Mitigation - No background of enmity between deceased and accused prior to occurrence - Motive of offence Deceased having dishonored brother of wife of accused sentenced to death-Words used in F.I.R Words in ordinary parlance in N.-W. F. P. meaning "debagging a person" or "having carnal intercourse with a man"-Deceased having called for incident resulting in loss of his life by resorting to such sordid act, offence, though amounting to minder, yet extreme penalty of death not appropriate--Mitigating circumstance existing, sentence of death reduced to imprisonment for life.-[Sentence]. JUDGMENT MUHAMMAD YAQUB ALI, J.-Leave to appeal was granted in this case to consider weather section 34 of the Pakistan Penal Code was properly applied by the Courts below in convicting Muhammad Jamil alias Loli and his brother Muhan mad Saeed of the offence of murdering one Rab Nawaz on the morning of 14-3-1970 in the tea shop of Nawab P. W. 3 in village Kakki, Police Station Ghauriwala, District Bannu. The deceased was hit by '303 bullet fired by one of the two appellants which caused his instantaneous death. The second bullet fired by the other appellant misses' the deceased and hit a small wooden almirah hanging by the wall of tea shop. A broken piece of the broken door of almirah which was pierced by the bullet and four pieces of the bullet were recovered from, the wall by the Investigating Officer who deposed to it as the 12th prosecution witness in the case. According to the ocular evidence furnished by Bahadur Khan P. W. 3, Latif Khan P. W. 4 and Mirzad…

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