Law: Penal Code (XLV of 1860)

Section: 302, 379, 34

Penal Code (XLV of 1860), Ss. 302 & 379 read with S. 34-- Murder in furtherance of common intention-Accused, 3 in number, coming armed with fire-arms for committing theft and with pre -planned design to counter-act resistance in their adventure--One of two fleeing thieves hearing about capture of accused firing a fatal shot in furtherance of their common intention of joint criminal act---Conviction of accused for theft and for murder in furtherance of their common intention upheld. Barendra Kumar Ghose v. King-Emperor A I R 1925 P C 1; Bhagwat Singh and another v. Emperor A I R 1929 Pat. 65 Fazoo Khan and others v. Jatoo Khan and another A I R 1931 Cal. 643; Indar Singh v. The Crown I L R 14 Lah. 814; Emperor v. Motilal Malik A I R 1935 Cal. 526; Mehadeo Nath Khatri and others v. Emperor A I R 1941 Pat. 550; Mahboob Shah v. Emperor A I R 1945 P C 113; Nazir and others v. Emperor A I R 1948 All. 229; State v. Saidu Khan and another A I R 1951 All. 21; Bahar v. The Crown P L D 1954 F C 77; Pandurang and others v. State of Hyderabad A I R 1955 S C 216; Mathurala Adi Reddy v. The State of Hyderabad A I R 1956 S C 177; Fateh Sher and another v. The Crown P L D 1956 Lah. 157; Rajaram Raghu Patil v. State A I R 1958 Born. 469; Mst. Hamida Bano v. Ashiq Hussain etc. P L D 1963 S C 109; Krishna Govind Patil v. State of Maharashtra A I R 1963 S C 1413 and Abdul Jabbar v. The State P L D 1964 S C 81 ref. Date of hearing: 18th November 1970. JUDGMENT SHAH ZAMAN BABAR, J.---Mohib Gul, aged 40 years, resident of village Manga, District Mardan, was charged under sections 379/34 and 302/34, P. P. C. in that on 2-7-1966, at about 11 p. m. in village Manga, he in furtherance of his common intention with the absconding accused Lalzada and Haji Mohammad, committed the theft of Rs. 500 and also committed the murder of Maula Bakhsh. Mohib Gul was tried by the Additional Sessions Judge, Mardan, who by his judgment dated 24-7-1969 found him guilty of both the offences. He convicted Mohib Gul under section 302/34, P. P.C. and sentenced him to transportation for life. He also convicted him under section 379/34, P. P. C. and sentenced him to undergo two years' R. 1. Both the…