Law:

Section:

(a) Penal Code (XLV of 1860)Ss. 302/149, 324/149, 323/149 & 148 [Murder case] Sentence¬ Accused appellant R armed with a spear but no spear blow found on any one of two deceased F. I. R. showing accused R having given blow with his spear only to a prosecution witness and not to any deceased Accused R in circumstances, held, could be held responsible for murders only on basis of constructive, liability and sentence of transportation for life proper sentence Accused J armed with gandasa but no gandasa injury found on person of deceased M Accused J in circumstances, held, could he held responsible for murder of M only on basis of constructive liability and liable for a sentence of transportation for life Accused J, however, striking deceased R with gandasa and gandaia injury on R's head proved by doctor, accused J having struck R with a formidable weapon on head, held, intended to cause death and rightly awarded sentence of death.¬[Sentence]. (b) Penal Code (XLV of 1860) Ss. 302/149, 324/149, 323/149 do 148 [Murder easel Sentence ¬Recommendation to Government for clemency Accused appellant J sentenced to transportation for life along with his other co accused, by trial Court and kept in Jail throughout Accused appellant's co accused undergoing sentences of transportation for life in meanwhile and returning back after release from Jail Accused appellant J in circum¬stances going to be executed after having undergone sentence of trans¬portation for life Commutation of sentence of death by Court not being possible on legal grounds recommendation made to Government to exercise its powers of clemency in regard to case of appellant Criminal Procedure Code (V of 1898), Ss. 401 & 402. ORDER QASIR KHAN, J. Gullab aged 85 years, his sons Ali Jan aged 60, Abdul Razzaq aged 50 and Abdur Rashid aged 40, Imam Din @ Maloo aged 80, his sons Allauddin aged 30 and Hakam Din aged 42 and Nizam Din son of Nadir aged 82, residents of Khanewal were tried by the Sessions Judge, Multan on charges under section 302/149, 324/149, 323/149 and 148, P. P. C. The learned Sessions Judge by his order dated 26 1 1971 acquitted Gulab. Abdur Razaaq, Nizam Din, and Imam Din accused. Ho…

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