Law:

Section:

(a) Penal Code (XLV of 1860) -----S. 302/34 Murder Common intention Accused A carrying chhuri under his shirt Accused B and C coming to spot without knowing that accused A had a chhuri under his shirt Accused B and C, held, cannot be burdened with common intention of committing. offence with accused A or with premeditated intention to murder ¬Case against accused B and C, held further, doubtful and entitled to acquittal. [Benefit of doubt Common intention]. (b) Penal Code (XLV of 1860) -- Ss. 302 Murder Sentence Sudden and unexpected quarrel taking place between accused and deceased when accused while passing in street heard deceased saying something nasty and unpalatable about him and giving single blow with his knife in a fit of anger Offence, held, though amounting to murder yet not calling for capital punishment in circumstances Sentence of death reduced to imprisonment for life. [Sentence]. JUDGMENT ASLAM RIAZ HUSSAIN, J. This judgment shall dispose of three appeals, i.e. Criminal Appeal No. 113/78 by Khuda Bakhsh, 114/78 by Iqbal and 115/78 by Elahi Bakhsh. All the three appeals were filed by the aforementioned convicts through Jail and leave was granted to the appellants by this Court on 7 3 1978. 2. The occurrence in this case took place at about 4 30 p. m. on 17 8 1979 in Mohallah Kotla Khan Peshawar City wherein the three appellants of whom Khuda Bakhsh was armed with a chhuri while the other two were empty banded, are alleged to have caused the death of Ghulam Farid and also caused simple injury with a knife to Altaf (P. W. 9). They were tried under section 302/324/34, P. P. C. by the learned Sessions Judge, Peshawar, who by his judgment dated 14 3 1975, convicted all of them under sections 302/34 and 324/34, P. P. C. Under the first mentioned offence the trial Court sentenced Khuda Bakhsh appellant to death, as he had given the solitary knife blow to the deceased and sentenced the remaining two appellants to transportation for life (the sentence should have been imprisonment for life because the Law Reforms Ordinance, 1972 had come into force when the offence in question was committed). On appeal the High Court maintained their conviction and…

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