Law: Penal Code (XLV of 1860)

Section: 34, 302

Law: Criminal Procedure Code (V of 1898)

Section: 410

(a) Penal Code (XLV of 1860) S. 34-Vicarious liability, principle of-Both accused coming with intention to kill deceased and inflicting hatchet injuries Contention that deceased having received only one fatal injury, not ascribed to any one of accused, capital punishment could not be exacted from both accused persons-Contention repelled-Accused, held, jointly liable under S. 34, P.P.C. in circumstances.-[Vicarious liability]. Alinawaz and another v. The State 1979 P Cr. L J 877 ref. (b) Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), S. 302-Appeal `(criminal)-Murder-Evidence, appreciation of-Sentence-Murder premeditated one and deceased to fact butchered in cold blood-- Lesser punishment of imprisonment for life, held, could not be claimed as a matter of right or otherwise on account d f fact that trial took long or that only one fatal injury caused to deceased or such fatal injury not ascribable to any one of accused persons-- Sentence of death, upheld, in circumstances.-[Sentence]. Kamber Ali Shah v. The State P L D 1959 Kar. 460 ; Mahiwal v. The State 1975 P Cr. L J 1121 and Alinawaz and another v. The State 1979 P Cr. L J 877 ref. Date of hearing: 21stSeptember, 1980.                                                                                                                            JUDGMENT AJMAL MIAN, J.--This is an appeal filed by the two accused Hussain son of Ismail and Allahdino son of Murad Machi against the conviction under sections 302 and 307/34, P.P.C. for causing the death of deceased Moharram and injuries to Mst. Rash, daughter of deceased Moharram and wife of accused Hussain respectively, awarding death sentences and life imprison ment for the murder and injuries respectively, and also against the imposi tion of compensation of Rs. 10,000 against each of the appellants under section 544-A, Cr. P. C. in…