Law: Penal Code (XLV of 1860)

Section: 149, 307, 324

(a) Penal Code (XLV of 1860), S. 149-Common object-Both parties making preparation for pitched battle and free fight taking place-Provisions of S. 149, held, not applicable- Each assailant to be punished for his individual act. Mohammad and others v. Emperor A I R 1947 Lah. 106 ; Syed Ali Bepari v. Nibaran Mollah P L D 1962 S C 502 and Hakim Ali and 4 others v. The State and another 1971 S C M R 432 rel. (b) Penal Code (XLV of 1860), Ss. 307 & 324-Accused allegedly armed with deadly weapons-Injuries caused to complainant party simple in nature-Conviction under S. 307, held, not proper- Altered to one under S. 324. (c) Penal Code (XLV of 1860), S. 307/149-Accused alleged to be present at fight-Prosecution, however, neither assigning any specific part to him nor showing that he injured anyone-Conviction set aside. Dates of hearing : 10th and 11th August 1972.                                                                                                                        JUDGMENT The six appellants were prosecuted along, with five other persons on charges falling under sections 148, 302/149 and 307/149 of the Pakistan Penal Code. One of them, namely, Tofail Husain, was murdered during the commitment proceedings, and the remaining ten were committed to stand their trial before the learned Additional Sessions Judge at Gujrat. He acquitted four persons, namely Nur Dad, Bashir Ahmad, Ghulam Muhammad and Sultan, and convicted the present six appellants on all the charges brought against them. For the offence falling under section 148, P. P. C. he sentenced each of the appellants to undergo rigorous imprisonment for three years under section 302/ 149, P. P. C. he awarded transportation for life and a fine of Rs. 500, or six months further rigorous imprisonment for default in each one; and under section 307/149, P. P. C. he sentenced each of the appellants to undergo…