Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 302, 34

(a) Criminal Procedure Code (V of 1898)  S. 410 read with Penal Code (XLV of 1860), S. 302-Appeal (criminal)---[Murder-case]---Evidence, appreciation of-Prosecution witnesses named in F. I. R. and their evidence quite consistent- Incident occurring in broad daylight leaving no chance of mistaken identity-Accused almost apprehended on spot alongwith blood stained hatchet-Conviction maintained, in circumstances.-[Evi dence]. (b) Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), S. 302/34---Appeal (criminal)---[Murder-case] -Common intention-Admittedly accus ed causing no injuries to deceased but found in company of co -accused responsible for causing fatal hatchet blows to deceased-Accused, however, taking out a pistol from his fold and firing in air to scare away their pursuers-No direct evidence in existence to show any pre-concert-Accused, held, could not be saddled with liability of common intention with co-accused, in circumstances-- Conviction and sentence aside out of abundant caution. -[Common intention]. Date of hearing : 10th March, 1981.                                                                                                                                                            JUDGMENT The appellants Wali Muhammad and Haji Mohammad Siddik, related inter se, were tried by the Sessions Judge, Larkana on a charge under section 302/34, P. P. C. and by a judgment dated 13th December, 1978 were found guilty of the said offence and sentenced to imprisonment for life and to pay a fine of Rs. 2000 each or in default further R. I for two years. They have filed a joint appeal through Mr. Azizullah K. Shaikh who has been heard by me. On the conclusion of the case on 10th March, 1981 T had by a short order dismissed the appeal of…