Law:

Section:

Penal Code (XLV of 1860)---- ---S. 34-Application of S. 34-One of several accused not taking part in assault on person killed-Liability.-[Common intention]. The appellant and four others were tried for murder. Two of the accused persons were acquitted, bat the appellant and the remaining two were convicted under S. 302 read with S. 34, Pakistan Penal code, and their conviction was upheld by the High Court. The appellant contended in the Supreme Court that the common object of the assailants was to regain a bough which had been taken away by a brother of the deceased and that since the appellant took no part in the attack on the deceased he could not be said to have shared the common intention of the co-accused who had killed the deceased. Held, that the evidence showed that when their demand for the return of the bough was refused, the assailants armed themselves with lethal weapons, went to the behk of the complainants, and without making any attempt to regain the bough surrounded the deceased and his brothers, attacked all three of them when they were attempting to flee, killing one of them and injuring the other two, and then lifting the bough marched back triumphantly to their dera. These facts conclusively proved that the assailants' intention was to kill and then take away the disputed bough. Section 34, Pakistan Penal Code, was therefore clearly applicable to their case and though the appellant himself took no part in the assault on the deceased, the killing must be held to have been in furtherance of the common intention of those who killed him and of the appellant. JUDGMENT MUHAMMAD MUNIR, C. J.--.This is an appeal from a judgment of the High Court of West Pakistan at Lahore confirming the conviction and sentence of appellant Hayat under sections 302 and 324 of the Pakistan Penal Code. Together with two other persons who were acquitted Tahri and Muhammad Yar, the appellant was tried by the Sessions Judge, Shahpur, for the murder of Natu and causing injuries to Naurang and Malli. On being found guilty Muhammad Yar was sentenced to death and Tahri and the appellant to transportation for life on the charge of murder, and all three to one year's rigorous…

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