Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 300, 302, 304

(a) Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), Ss. 302 & 304, Part II read with S. 300, Exception IV-Appeal (criminal) Murder-Sudden fight -- Dispute over tethering of cattle between deceased and accused taking place and in heat of passion both parties causing injuries to each other-Nothing definite as to which party was aggressor and which aggressed-Accused striking deceased on head with a dang with such force resulting in fracture of skull-Accused, held, must be having knowledge that such a blow could cause death of deceased-- Conviction under S. 302, P. P. C. altered to one under S. 304, Parte II, P. P. C. in circumstances. (b) Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), Ss. 302 & 304, Part II read with Ss. 34 & 300, Exception IV-Appeal (criminal)-Common intention- Dispute taking place between parties in which, both parties causing injuries to each other in heat of passion-Fatal blow attributed to co-accused while accused only responsible for causing a simple injury to deceased-Accused, held, could not be burdened with common intention or knowledge of co -accused who caused fatal injury-Conviction altered to one under S. 304, Part II, P. P. C.-Sentence of 3 years' R. I. held further, would serve ends of justice, in circumstances.-[Common intention]. Date of hearing : 24th June, 1981.                                                                                                                        JUDGMENT The appellants, Rehmat Ali son of Budha Khan, aged 55 years, Muhammad Sadiq son of Rehmat Ali, aged 25 years, Bhattis by caste, residents of Chak No. 12/T. D. A., Police Station Darya Khan, Tehsil Bhakkar, District Mianwali, were tried, convicted and sentenced by the learned Sessions Judge, Mianwali, vide his judgment dated 9th March, 1980 to life imprisonment each under…