| Citation(s) |
|---|
| 1956 SLG 407 1956 SLD 407 = 1956 PLD 425 |
Federal Court, Pakistan
Criminal Appeal No. 4 of 1952, decided on 28th October 1952. (On appeal from the judgment and order of the High Court of Judicature at Lahore, dated the 24th May 1951, in ------- Criminal Appeal Case No. 136 of 1951 and Murder Reference Case No. 35 of 1951),
(Appellate Jurisdiction) Present: Abdul Rashid, C. J., M. Shahabuddin and A. R. Cornelius, JJ
Jamil Hussain Rizvi, Advocate, Federal Court for Appellants. S. A. Mahmud, Advocate, Federal Court, instructed by Ijaz Ali, Attorney for
Respondent.
Criminal Appeal No. 4 of 1952, decided on 28th October 1952. (On appeal from the judgment and order of the High Court of Judicature at Lahore, dated the 24th May 1951, in ------- Criminal Appeal Case No. 136 of 1951 and Murder Reference Case No. 35 of 1951),
(Appellate Jurisdiction) Present: Abdul Rashid, C. J., M. Shahabuddin and A. R. Cornelius, JJ
Jamil Hussain Rizvi, Advocate, Federal Court for Appellants. S. A. Mahmud, Advocate, Federal Court, instructed by Ijaz Ali, Attorney for
Respondent.
SARDAR ALI and another-Appellants
VERSUS
THE CROWN-Respondent
Law: Penal Code (XLV of 1860)
Section: 149
P L D 1956 Federal Court 425 Penal Code (XLV of 1860)--S.149-Charge under Ss.302/149, P. P. C.-Two necessarily fatal injuries ascribed in evidence one to each of two accused-Both accused could be rightly convicted either individually of murder or by the application of S. 34, P. P. C. although they were not charged with same. Where six persons were placed on trial under sections 302/ 149. P. P. C. and the evidence showed that two of the accused each caused at least one necessarily fatal injury to tire deceased: Held, that each of the two accused could rightly be convicted either under section 302, P. P. C. individually, or under section 302 read with section 34, P. P. C., although they were not charged under section 302, P. P. C. either individually, or read with section 34, P. P. C. Barendra Kumar Ghosh I L R 52 Cal. 197 and Bhondu Das's case I L R 7 Pat. 758 rel, Mahbub Shah's case 72 Ind. App. 148 explained. Date of hearing : 28th October 1952. JUDGMENT CORNELIUS, J.-----This is an appeal by special leave granted to Sardar Ali and Abdul Sattar against a decision of a Division Bench of the Lahore High Court, whereby the conviction of each of the appellants under section 302, P. P. C. was affirmed, and the sentences of death awarded to them by the Sessions Judge were also confirmed. Originally, six persons were placed on trial before the Sessions Judge of Gujranwala, on charges of rioting punishable under section 148, and of murder and simple hurt committed while being members of an unlawful assembly in prosecution of the common object of the said assembly viz. " to murder Bahadur Singh alias Zafarullah Khan and to cause injuries to Muhammad Aslam, Allah Ditta and Gulab". The trial Judge appears in the main to have accepted the case based upon the evidence of three alleged eye-witnesses, namely, Allah Ditta, Muhammad Aslam and Ghulab, who bore injuries which where believed to have been received in the course of the same incident as the fatal injuries of the deceased, Zafrullah, that the incident commenced with a quarrel between one of the accused…