Law: Penal Code (XLV of 1860)

Section: 302

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 10th July 1968, in Criminal Appeal No. 667 of 1967). Penal Code (XLV of 1860), ---S. 302-Sentence-Six accused convicted and sentenced to death for murder of one man-Four of them found armed only with dangs and wooden thapis-Sentence of four altered from that of death to one of transportation for life. Dates of hearing: l0th,11th and 12th November 1969. JUDGMENT M. R. KHAN, J.-These six appellants ware tried under section 302/149 of the Pakistan Penal Code for the murder of Allah Dia. They were also tried under section 148 of the Code. Four other persons, namely, Qaim Din, Bashir Ahmad, Nazir Ahmad and S'ohna were also tried along with them under sec tion 302/109, P. P. C. The trial Court convicted these six appellants under section 302/149 and sentenced each of them to suffer death. They were also found guilty under section 148, P. P. C., but no separate sentence was passed under that section. Of the four co-accused tried under section 302/109, P. P. C., Qaim Din died during the pendency of the trial and the remaining three were acquitted. The appellants preferred an appeal to the High Court of West Pakistan, Lahore, against their conviction and sentences. The appeal and the death reference were heard, by a Division Bench of that Court and were disposed of by a single judgment. The High Court dismissed the appeal and confirmed the death sentence in posed on each appellant. The present appeal, by special leave, is from the judgment of the High Court. .      The prosecution case is that the appellants and the acquitted accused belonged to one party and had enmity with Allah Dia, deceased. On the 5th June 1966, at about 1-30 p. m., the appellants Atta Muhammad and Abdul Aziz came to Allah Dia's house and took him away on the pretext that they had some business with him. Arif, a minor son of Allah Dia and Hidayat Bibi, a minor daughter of Allah Dia followed their father. Shortly afterwards, Mst. Resham Bibi, wife of Allah Dia- heard the alarm raised by her children Arif and Hidayat Bibi. She then, along with her brother Muhammad Sadiq, rushed out…