Law: Penal Code (XLV of 1860)

Section: 307, 149, 325, 149

Law: Criminal Procedure Code (V of 1898)

Section: 561-A , 439

(a) Penal Code (XLV of 1860) Ss. 307/149 & 325/149-Murder, intention to-Inference of existence of pima facie intention to murder not justified by nature and dimensions of injuries sustained by complainant and his com panion-No case of provocation of accused having tried to kill any one-All injuries, except one, declared simple-Person found guilty of lesser offence of S. 325-Liable to award of maximum punishment of 7 years' R.I.-Charge accordingly amended from one under S.307/149 to one under 5.325/149-Criminal Procedure Code (V of 1898), S. 561-A. (b) Criminal Procedure Code (V of 1898) -- S. 561-A read with S. 439-High Court would normally be reluctant to directly entertain cases remedy in respect of which may be available by recourse to Sessions Judge, a Court of concurrent jurisdiction in matters of revision-Matter, however, being short and entire relevant record placed before Court, High Court proceeded to dispose of case itself-Tendency of rushing directly to High Court and short circuiting of legal procedure - Strongly deprecated.                                                                                                                  JUDGMENT A case under sections 307/325/149 and 148, P. P. C. was registered against the petitioners and their three co-accused, at Police Station Pakpattan, on the 26th of September 1969, at the instance of Muhammad Din complainant who received as many as seventeen injuries in addition to five received by his companion Hidayat Ullah. According to the com plainant's version, Jamal Din petitioner No. 1, armed with a stick, Muhammad Ramzan petitioner No. 2 armed with a gun alongwith their co-accused Shahbaz and Mamma, ambushed at a place where Hakim Ali accused took him on a false pretext. Petitioner No. 2 fired in the air to scare away any possible rescuers of the complainant while others armed with dangs belaboured him and…