Law: Penal Code (XLV of 1860)

Section: 34

Penal Code (XLV of 1860), S. 34-All persons charged under section must have consented to commission of crime committed Knowledge not same as intention-Mere presence of accused on spot cannot justify their being imputed with necessary intention under section 34. JUDGMENT   FEROZE NANA GHULAMALLY, J.-This judgment will dispose of the case of the confirmation of the death sentence passed on appellant Saadat Mian, and also the criminal appeal by appellants Anwar Ahmed and Sultan. The three appellants were convicted by the learned Additional Sessions Judge, Karachi, under section 302 read with section 34, P. P. Code. Appellant Saadat Mian was sentenced to death by hanging, and Anwar Ahmed and Sultan were each sentenced to transportation for life. Anwar Ahmed and Sultan have appealed from jail, and we have in furtherance of these appeals heard Mr. Hassanally Abdul Rehman for appellant Saadat Mian, Mr. Manazaruddin Ahmed for appel lant Anwar and Mr. Hazrat ji for appellant Sultan. The incident which took place on the 21st of October 1961 arose as a result of the attentions of Wazir Hyder, described as a good looking young boy of about 15 years, who sold pan and bidi from a tray at a bus stand near Jutland Lines. Wazir Hyder was also a confirmed catamite, and appears to have made a side income from submitting himself to carnal intercourse with various people at various times. Appellant Saadat lived in the same locality as Wazir Hyder. Sultan worked at a workshop a few paces from Wazir Hyder's house. Sultan was a mill hand. Saadat, Sultan and Anwar occasionally sat near the bus stand where Wazir sold pan and biri. The deceased Shahzada lived about 3C0 paces from Wazir's house and behind Jacob Lines. He was also a visitor to the pan-biri stand of Wazir Hyder.   Wazir Hyder was originally friendly with Saadat Mian and submitted himself to himseveral times. Thereafter on acquaintance with Shahzada, Wazir Hyder switched over his attentions to him. Shahzada asked Wazir not to have any more connections with Saadat Mian, and Wazir complied. In conse quence Saadat Mian and Shahzada had quarrelled with each other, and stopped any further communication, and a…