Law: Penal Code (XLV of 1860)

Section: 302, 34, 148

   (a) Penal Code (XLV of 1860) Ss. 302/34 Unlawful assembly-Common intention-Only one accused giving one fatal injury on the head of deceased, all remaining assailant, con sciously avoiding giving blows on vital part of deceased-Such other accused, held, did not have common intention of their co-accused and could not be liable for his act. (b) Penal Code (XLV of 1860) Ss. 302/34& 148 read with S. 304, Part II-Culpable homicide-Unlawful assembly-Purpose of unlawful assembly being to give only beating to complainant party including causing injuries simple as well as grievous-Accused member of such unlawful assembly exceeding its common intention by dealing fatal blow to deceased--Accursed in, circumstance must have known that blow was likely to cause death or bodily injury likely to cause death-Conviction under S. 302/34 altered to one under S. 304, Part II, Penal Code, 1860. Date of hearing : 3rd November 1969. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-Eleven persons were tried for the offences of rioting, attempted murder and murdera Ilegedly committed by them near Railway Station, Bhera, at peshiwela on 2nd June 1967. The learned Additional Sessions Judge, Sargodha, vide his judgment, dated 28th November 1968,, convicted Hayat (22) son of Khanun ; Lala (27) son of Alaf ; Hayat (26) son of Saee; and Bashir (16) son of Lala son of Alaf under section 302/34, P. P. C. for the murder of their co-villager Lala son of Ahla. Out of them, Hayat son of Khanun has been sentenced to death while others have been sentenced to transportation for life. The afore-said four persons and seven others, namely: Nathu (31) son of Lala ; Bashir (26) son of Lala son of Mehr.; Bashir (21) son of Saee Saru (34) son of Lala ; Saee (57) son of Taja Salehon (25) son of Saee ; and Khanun (51) son of Mehr, have been convicted under section 148, P. P. C. and sentenced to two years' R. 1. each. All the eleven have also been convicted under section 325/149, P. P. C. and sentenced to five years' R. 1. each in respect of injuries to Bahadur P. W. Similarly all of them have been convicted under section 323/149, P. P. C. and sentenced to one year R. I. each in respect of injuries to…