Law: Penal Code (XLV of 1860)

Section: 302, 149, 323, 149, 148

(a) Penal Code (XLV of 1860) Ss.302/149, 323/149 & 148‑‑‑Appreciation of evidence‑‑‑Injured eye witnesses had contradicted each other‑‑ Incident was not premeditated and had taken place at the spur of the moment on the exchange of harsh words between the parties‑‑‑No overt act or active participation was attributed to any particular accused‑‑ Principal accused who caused the fatal blow to the deceased was not known‑‑‑Eight accused had been made responsible for causing six injuries, one of which was fatal and the other five injuries were superficial and simple in nature‑‑‑Convictions and sentences of accused were set aside in circumstances and they were acquitted accordingly. (b) Penal Code (XLV of 1860) Ss.302/149, 323/149 & 148‑‑‑Appreciation of evidence‑‑‑Plea of alibi‑‑ Plea of alibi is not to be proved affirmatively by the accused and it is sufficient if a reasonable doubt is created by him to the extent that such plea may have truth in it. Date of hearing: 9th April, 2001.                                                                                                                                                                   JUDGMENT By this common judgment I intend to dispose of both these Criminal Appeal No.119/98 and Criminal Jail Appeal No.124/98 as they arise out of same judgment. The appellants through these criminal appeals have assailed the judgment, dated 2‑11‑1998 passed by learned 1st Additional Sessions Judge, Khairpur in Sessions Case No.403/1990 Re: State v. Muhib Ali and others in an offence under sections 302, 323, 147, 114 and 149, P.P‑C. arising out of F.I.R. No.96/1990 Police Station, Mirweh, whereby the appellants were sentenced to undergo imprisonment for life and pay fine of Rs.25,000 each under section 302 read with…