Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 302,34

Appeal (Criminal)-----Joint appeal by two accused-Evidence, nevertheless, assessed separately against each-Criminal Procedure Code (V of 1898), S. 410 Penal Code (XLV of 1860), S. 302.   Penal Code (XLV of 1860)---S. 302/34-A & B accused of murder-A killing deceased by pulling out pistol concealed under his ajrak and firing at deceased-B carrying hatchet in his hand merely brandishing same to ward off pursuers-No evidence against B that he had knowledge that A was carrying pistol or that he would use it with tragic consequences-Shooting by A, held, his individual act and B riot constructively liable-Benefit of doubt given to B. Dates of hearing : 19th and 21st August 1964.   JUDGMENT   H. T. RAYMOND, J.------The appellants Ali Muhammad, son of Dalel Korai, aged 30 years, and his cousin Soomar, son of Dost Muhammad Korai, aged 31 years, have been convicted of the murder of deceased Amir Bux and have each been sentenced to death. The appellant Ali Muhammad's conviction is under section 302, P. P. C. and that of appellant Soomar under section 302/34, P. P. C. The appellant Ali Muhammad has further been convicted of an offence under section 19-E of the Arms Act and has been sentenced to one year's R. I. They have appealed from these convictions. The death sentences imposed upon them are also before us for confirmation under section 374, Cr. P. C. Both the appeals as well as the reference will be disposed of by this judgment.   Deceased Amir Bux was the son of complainant Muhammad Uris P. W. 4. Muhammad Uris had four sons byname Amir Bux, Haji, Rasool Bux and Punhoon. Some 18 months before the murder in this case deceased Amir Bux, Rasool Bux, Punhoon together with their uncle Doulat and cousin Hakim were challaned for the murder of one sumo, brother of the appellant No. 2 Soomar Rasool Bux alone was convicted it this case whereas the co-accused were acquitted. On appeal Rasool Bux was also acquitted. It is the case for the prosecution that in respect of this murder of Jumo, brother of the appellant No. 2 Soomar which mad thus gone unavenged, the two appellants harboured a grudge against Amir Bux and his brothers.   Now, on the…