Law:

Section:

(a) Penal Code (XLV of 1860)-- - , S. 307/34-Attempted murder-Benefit of doubt-`Lalkara', plea of-Accused merely contenting himself with raising shouts and not raising even a little finger against witnesses-Accused given benefit of doubt and acquitted, in circumstances.-[Benefit of doubt]. (b) Penal Code (XLV of 1860)-- --- S. 34-Vicarious liability, application of-Occurrence appearing to be result of a sudden flare up-Benefit of doubt regarding application of rule of constructive liability, held, to be resolved in favour of accused.-[Benefit of doubt-Vicarious liability]. JUDGMENT Muhammad Haneef, Muhammad Rafeeq, and Muhammad Shareef all real brothers, sons of Muneer Khan caste Rajput, Residents of Okara Town, District Sahiwal have been convicted for the attempted murder of Pervaiz Iqbal committed by them in furtherance of a common intention and sentenced to varying terms of imprisonment under section 307/34, Pakistan Penal Code commensurable with the individual role they were found to have played in the commission of offence. The sentence imposed on them are as below 1. Muhammad Rafeeq ... Rigorous imprisonment for seven years. 2. Muhammad Haneef ... Rigorous imprisonment for five years. 3. Muhammad Shareef , Rigorous imprisonment for one years. The accused have appealed to challenge their conviction and sentences. 2. Habeeb Ahmad complainant (P. W. 1), Pervaiz Iqbal, the injured witness (P. W. 2), a material cousin of the former and the appellants have their shops in Okara Town in the locality what is known as Chauri Gali. The shop of Mehraj Din intervenes the shop of Habeeb Ahmad (P. W. 1) and that of the appellants. On 4-I1-1975 at about 7-30 a.m. Habeeb Ahmad (P. W. 1) was setting his shop and had dusted a bag of chillys which offended Muhammad Shareef appellant. The appellant abused Habeeb Ahmad (P. W. 1). rushed to his shop and caught hold of him from his collar. Pervaiz Iqbal (P. W. 2) whose shop ,is also nearby rushed to the shop of Habeeb Ahmad and reprimanded Muhammad Shareef that he should have some respect for elderly persons. Muhammad Shareef left away with a threat that he will teach them a lesson. After a short while Muhammad Shareef…

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