Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 185 (3) read with Penal Code (XLV of 1860), S. 302 read with S. 149 Murder Leave to appeal Granted to examine (i) whether in view of finding of trial Court and observations of High Court it was not a case of application of S. 149 and (fi) whether accused charged for murder of two persons and causing injuries to six others could be acquitted on murder charge. (b) Penal Code (XLV of 1860) Ss. 302 & 304(I) Murder Evidence High Court on re examining evidence coming to conclusion that there was a fight and in view of injuries of one of complainant party by a sharp edged weapon on a vital part of body remaining unexplained, concluded that apart from individual responsibility it was a case of culpable homicide not amounting to murder Held, conclusions drawn by High Court in arriving at convic-tion of accused plausible not liable to interference simply because on a stricter standard a different view could be taken Convictions ordered by High Court maintained but amounts of fine and compensation enhanced. JUDGMENT SHAFIUR RAHMAN, J. Two criminal appeals, one filed by the two convicts and the other by the father of the two deceased who was himself injured in the occurrence, and time barred petition for leave to appeal by a third convict, are all directed against the judgment of the Lahore High Court dated 17th March, 1975 whereby the appeals filed by the convicts partly succeeded and the revision petition filed against convicts and other accused failed. Leave to appeal was granted to examine whether in view of the finding of the trial Court and the observations of the High Court itself it was not a case of application of section 149, P. P. C. and whether the respondents who were charged for causing the murders of Sher Zaman and Asad Ullah and injuries to six other could be acquitted on the murder charge. The prosecution case, in brief, was that on the 29th March, 1971 at about 2 30 p. m. Yousaf complainant had gone to his fields in order to cut shatala. He had taken a sheep along with him and driven it to the fields. On the way the sheep went astray into the Shatala crop of Arif and Arif used a provocative language to warn…

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