Law: Penal Code (XLV of 1860)

Section: 302, 149, 300

(a) Penal Code (X).V of 1860) S. 302-Witness-Evidence, evaluation of-Injured witnesses bearing gunshot injuries, injuries not alleged to be self-inflicted and witnesses having no reason to implicate accused falsely-Testimony of any of such injured witnesses or independent witnesses---By itself and without any further corroboration, held, sufficient to form basis of conviction.-[Witness-Evidence]. Roshan v. The State P L D 1977 S C 557 and Muhammad Sharif v. Muhammad .laved P 1. D 1976 S C 452 rel. (b) Penal Code (XLV of 1860) S. 149 read with S. 302-Constructive liability, principle of All accused by pre-concert and in a determined manner coming armed with fire-arms and indulging in dastardly firing resulting in instant death of one and injuries to ten P. Ws.-Community of purpose, held, fully established and no room left for doubting intention of assailants-State or complainant not having moved for enhancement of punishment of accused to normal penalty of death under S. 302, P. P. C. and occurrence having taken place over 5 years back coupled with fact of accused being guilty on basis of constructive liability, High Court refrained from issuing sun molu notice to accused for enhancement of their sen tences.--[Sentence-Constructive liability]. Noor Muhammad v. The State P L D 1.977 S C 507 and Shaheb Ali v. The State P L D 1970 S C 447 rel. (c) Penal Code (XLV of 1860)  S. 300, Exception I read with S. 302--Grave and sudden provocation--Accused, persons of ill repute, by standing in front of complainant's house, themselves responsible for inviting an objection and when asked to move away not only persisting to stay but also exchanging abuses and grappling with complainant's son accused withdrawing for time being but returning next morning with deadly weapons after planning attack, resulting in death of one and injuries to ten P. Ws.--Accused, held, cannot be permitted to take advantage of their own conduct nor can raise plea of self sought provocation, in circumstances.-[Grave and sudden provoca tion]. Sher Muhammad v. Muhammad Hayat etc. 1979 S C M R 210 and Ghulam Abbas v. The State 1978 P Cr. L J 905 distinguished. (d) Criminal trial…