Law: Penal Code (XLV of 1860)

Section: 302/149 , 307/149 , 148

  Penal Code (XLV of 1860)-- ---Ss.302/149, 307/149 & 148---Appreciation of evidence---Prosecution story was not found to be the whole truth---Bad feelings had existed between parties which were accentuated by a buffalo incident of previous evening---Parties had probably gathered at place of incident and there was a sudden quarrel---Accused and undoubtedly after having armed themselves with sharp-edged weapons had gone there with the intention to fight, if necessary---Prosecution did not disclose true facts and circumstances as to how incident commenced which remained shrouded in doubt---Held, it was not safe to hold that common object of accused was the murder of three deceased persons---Each of the accused was thus responsible for what he actually did. Penal Code (XLV of 1860)-- ---Ss. 302/149, 307/149 & 148---Appreciation of evidence---Participation of accused in commission of crime having not been proved beyond reasonable doubt, he was acquitted accordingly. Penal Code (XLV of 1860)-- ---Ss. 302/149, 307/149 & 148---Appreciation of evidence---Participation of accused persons in commission of crime was proved beyond doubt---Accused caused one fatal blow each to two deceased persons on chest and abdomen respectively---Conviction and sentence under S. 302, P.P.C. were maintained in circumstances. Penal Code (XLV of 11360)-- ---Ss. 302/149, 307/149, 148, 324 & 325---Appreciation of evidence-- Participation of accused persons in commission of crime was also proved beyond doubt---Injuries attributed to them given to deceased persons and injured witnesses were all simple in nature except injuries of one prosecution witness which were grievous---Offences committed by accused, held, fell under Ss.324 & 325, P.P.C.---Accused had been in jail for about eight years, their sentences were reduced to imprisonment already undergone, in circumstances. Kh. Sultan Ahmad for Appellants. Shabbir Lali for A.-G. for the State. Dates of hearing: 31st May and 4th June, 1988. JUDGMENT   FAZAL KARIM, J.--Muhammad Rafique, Inayat, Muhammad Arif, Ghulam Haider, Muhammad Iqbal, Boota and Muhammad Ikram, convicts, were tried under sections 148, 302 and 307…