Law: Penal Code (XLV of 1860)

Section: 300,302,4,304,34

  Penal Code (XLV of 1860),   Ss. 300 Exception 4, 302 & 304/34-Sudden fight between two factions-Accused delivering blows to deceased with dangerous weapon on vital parts of body Conviction altered from S. 302 to S. 304, Part I read with S. 34.   JUDGMENT   SATTAR, J.-The thirteen appellants were placed on their trial before Mr. M. Eusuf, Additional Sessions Judge, Mymensingh to answer a common charge under section 148 of the Pakistan Penal Code. There was a further charge against appellants Maynarbap alias Abdul Gafur and Nepal alias Abdur Rahim under section 302 of the Pakistan Penal Code. Appellants Seraj, Hasen Ali and Hossain Ali were further charged under section 324 of the Pakistan Penal Code.   The trial was held with the aid of four assessors who unanimously found Maynarbap, Nepal, Seraj, Hasen Ali, Hossain Ali, Shahar Ali, Khoda Newaz, Budu alias Sattar, Araj Ali and Hiran guilty under section 148 of the Pakistan Penal Code and Hashan Ali, Ismail and Khorshed alias Kohshirbap under section 147 of the Pakistan Penal Code. Appellants Maynarbap and Nepal were found guilty by three of the Assessors under section 302 of the Pakistan Penal Code and not guilty by one Assessor. So far as the charge under section 324 of the Pakistan Penal Code is con cerned the accused persons who were charged for the said offence were found not guilty.   The learned Judge found both Maynarbap and Nepal guilty of the charge under sections 302 and 148 of the Pakistan Penal Code. He sentenced each of them to transportation fox life under the former charge and to a sentence of six months' rigorous imprisonment under the latter section. The sentences were directed to run concurrently. Appellants Seraj, Hasen Ali, Hossain Ali, Shahar Ali, Khoda Newaz, Budu, Araj Ali and Hiran were convicted under section 148 of the Pakistan Penal Code and each of them was sentenced to six months' rigorous imprisonment. Appellants Hasan Ali, Ismail and Khorshed were convicted under section 147 of the Pakistan Penal Code and each of them was sentenced to three months' rigorous imprisonment:   The prosecution case shortly stated is that on the 32nd…