Law:

Section:

(a) Constitution of Pakistan (1973)--------Art, 185 (3)-Penal Code (XLV of 1860), S. 302 read with Ss. 148 & 149-Murder-Leave to appeal-Granted to consider (i) whether on facts of case, evidence disbelieved by High Court against 8 other accused could be relied upon to sustain conviction of appellant; (ii) whether sentence of "transportation for life" awarded by Additional Sessions Judge in April 1971 could be substituted by "life imprisonment" by High Court and (iii) whether High Court, after holding S. 149 to be inapplicable could sustain conviction of accused appellant under S. 148, Penal Code. (b) Penal Code (XLV of 1860)--- -----Ss. 302 & 304, Part II-Murder-Evidence-Accused party in sudden fight, without premeditation and undue advantage giving beatings to deceased and his companions-Besides accused appellant, other accused also charged for giving danda blows to deceased-Weapon of offence, its dimension and weight not brought on record to presume accused's intention that death would result from injury caused by such weapon-Held, offence committed by accused-appellant falls, under S. 304-II-Conviction and sentence accordingly altered. (c) Penal Code (XLV of 1860)---- -----Ss. 302 & 304-Murder-Sentence-Offence committed prior to substitution of "imprisonment for life" for "transportation for life" in Ss. 302 & 304-Alteration of conviction by High Court from transportation for life to imprisonment for life-Held, not justified in circumstances of case.-[Sentence]. (d) Penal Code (XLV of 1860 )---- ----S. 148 read with Ss. 141, 146 & 149-Unlawful assembly-Rioting­---No conviction possible under S. 148 without participation of five or more persons in commission of offence-Accused must be a member of unlawful assembly within meaning of S. 141 before holding him guilty under S. 148--Question of constructive liability under S. 149-Held, does not arise for conviction under S. 148. Rahmat and 2 Others v. Tile State 1969 P Cr. L J 1067. ref. Azizullah K. Shaikh, Advocate Supreme Court and A. A. Dastgir, Advo­cate-on-Record for Appellant. A. Sattar Shaikh, Addl. A.-G. (Sind) and S. M. A. Abbas, Advocate-on­-Record for the State. Date of hearing:…

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