Law: Penal Code (XLV of 1860)

Section: 326, 149

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 13th May 1959, in Cr. A. No. 779 of 1958).   Penal Code (XLV of 1860),  S. 326/149-Criminal trial Common object-Several accused after having armed and gathered in dhari of principal accused, overtaking and surrounding complainants' party with view to wreak vengeance Held common object of all was to use violence. Date of hearing : 23rd October 1959. JUDGMENT SHAHABUDDIN, J.-Appellants Rahman, Manzur and Inayat were tried along with five others by the Sessions Judge, Gujranwala, on the charge that they formed themselves into an unlawful assembly with the common object of murdering one Inayat and causing injuries to four others. The Sessions Judge convicted appellant Rahman under section 302, P. P. C. for the offence of murder and sentenced him to death. He convicted him also of the offence of causing hurt punishable under sections 323/ 149, 325/ 149 and 326/ 149, P. P. C., as well as rioting under section 148, P. P. C. and sentenced him to various terms of imprisonment. The other accused including appellants Manzur and Inayat were convicted and sentenced to various terms of imprisonment under section 148, and sections 326, 325, all read with section 149. On appeal the learned Judges of the High Court came to the conclusion that there was no unlawful assembly, that the deceased was killed and the witnesses were injured in a sudden fight. They, therefore, confirmed the conviction of appellant Rahman under section 302, P. P. C. maintaining the sentence of death, and set aside the other convictions and sentences imposed on him. Of the rest of the accused they convicted appellant Manzur under section 326, and maintaining the sentence of seven years imposed on him under section 326/149, set aside the rest of the convictions and sentences. As far as Inayat appellant was concerned, they con victed him of an offence under section 325, P. P. C. and maintain ing the sentence of five years' rigorous imprisonment which had been awarded to him under section 325/149, P. P. C. set aside his other convictions and sentences. The convictions of other five accused were…