Law: Pakistan Penal Code, 1860

Section: 34,149

Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Constitution of India-----   ----Art. 136 (Constitution of Pakistan, Art. 160)-Appreciation of evidence by Supreme Court-Practice.   Except where there has been an illegality, or an irregu larity of procedure, or a violation of the principles of natural justice, resulting in an absence of fair trial or a gross miscarriage of Justice, the practice of the Supreme Court is not to permit a third review of evidence with regard to questions of fact in cases in which two Courts of fact have appreciated and assessed the evidence with regard to such questions.   (b) Penal Code (XLV of 1860)------   -----Ss. 34, 149 & 302 Common object of unlawful assembly merely to administer chastisement-Deceased killed as result of fatal injuries caused by certain members of Assembly-Conviction of members not causing fatal injury under S. 302 read with Ss. 149 & 34 Not justified.   The common object of an unlawful assembly was merely to administer chastisement to the deceased. The Court did not hold that though the common object was to chastise the deceased, the members of the unlawful assembly knew that the deceased was likely to be killed in prosecution of the common object. The deceased died as a result of fatal injuries caused by certain members of the unlawful assembly. On appeal against conviction under section 302 read with sec tions 149 and 34 of other members who had not caused the fatal injury:   Held, that conviction under section 302 read with sec tion 149 or 34 of the accused who had not caused the fatal injury was not justified. The first essential element of section 149 is the commission of an offence by any member of an unlawful assembly; the second essential part is that the offence must be committed in prosecution of the common object of the unlawful assembly, or must be such that the members of that assembly knew to be likely to be committed in prosecution of the common object. Here the finding of the Court was that none of the members of the unlawful assembly had the intention to kill the deceased nor did any of them knew that the deceased was likely to be killed in prosecution of the common object of chastisement. More…