Law: Penal Code (XLV of 1860)

Section: 302, 34

Law: Criminal Procedure Code (V of 1898)

Section: 448, 435, 439

(a) Penal Code (XLV of 1860) S. 302/34-Common intention- Complainant party way-laid and inflicted injuries resulting in death of one-Held, attack pre-planned and question of individual liability does not arise, in circumstances. (b) Penal Code (XLV of 1860) S. 302--Sentence-Mitigation- Murder committed to vindicate family honour- Sentence of death altered to transportation for life. Ghulam Rasul v. Ali Akbar and others P L D 1965 S C 363 ; Muhammad Ramzan v. The State P L D 1966 S C 129 ; Kalu alias Kalandar Bux v. The State 1968 P Cr. L J 545 and Abdul Aziz and another v. The State 1968 P Cr. L J 1443 rel. (c) Criminal Procedure Code (V of 1898)  S. 448-A read with Ss. 435 & 439 - Compensation - Jurisdiction - Provisions of S. 448-A--Mandatory-Contention that awarding of compensation being a special power given to sentencing Court, High Court could not award such compensation at revisional or appellate stage Repelled- High Court, held, could correct sentence In exercise of its-revisional powers. Date of hearing : 2nd November 1972.                                                                                                                      JUDGMENT JAVID IQBAL, J.---Aspain Gul son of Maseen Khan aged 33 years, Zar Gul son of Maseen Khan aged 20 years, Raees Khan son of Fateh Khan aged 40 years and Abbas Khan son of Mian Noor .Khan aged 70 years, have been convicted under section 302134, P. P. C. and each of them sentenced to death for the murder of Ghaffar Khan; they have also been convicted under section 307/34, P. P. C. on three counts and sentenced to five years' R. I. each for the attempted murders of Muzaffar Khan P. W. 11, Hawas Khan P. W. 14 and Niamat Khan P. W. 15 vide judgment dated the 11th of June 1970, of Mr. Bashir Ahmad, Sessions Judge, Lyallpur. Their appeal as well as reference for too confirmation of death sentence are being taken up…