Law: Pakistan Penal Code, 1860

Section: 302

(a) Penal Code (XLV of 1860)--S. 302--Appreciation of evidence--Occurrence taking place at Peshiwela near village mosque--Evidence of eye-witnesses in such circum­stances, and their presence, held, could not totally be denied or ignored for reason that such witnesses sustained injuries and site plans drawn showed that blood was found at various places in street in front of houses of accused and deceased. (b) Penal Code (XLV of 1860)-- ---S.302--Vicarious liability--In case of vicarious liability when evidence was consistent, all accused persons could be convicted and sentenced according to their respective roles in commission of crime, depending upon circumstances.-- JUDGMENT MIAN BURHANUDDIN KHAN, J.-- Leave was granted against Mehram and Baggu sons of Muhammad and Lal and Farid sons of Hamayun by this Court vide order dated the 13th July,. 1980. 2. The above-named respondents along with Amir, Ghammi, Lal and Muhammad were tried by the learned Additional Sessions Judge, Faisalabad, for the murder of Balli and injuring Pannun P.W. 10, Jaman P.W. 11, Mst. Sammon P.W. 13, Noor Din and Rab Nawaz alias Haq Nawaz on 21-9-1975 at Peshiwela in Chak No. 513/G.B, 7 miles from Police Station Kamalia, District Faisalabad by firing at them with guns in the prosecution of the common object of an unlawful assembly which they had formed. The learned trial Judge awarded the penalty of death to Mehram and Baggu and to pay a fine of Rs.2,000 each under sections 302/34, P.P.C., or to undergo 2 years' R.I. in default. Half of the amount of fine, if realized, was ordered to be paid to the legal heirs of Balli deceased. Mehram and Lal were further convicted under section 307, P.P.C. and each was sentenced to 10 years' R.I. and a fine of Rs.1,000 or in default to undergo further R.I. for one year. Half of the amount of fine, if realized, was ordered to be paid to injured Parnun P.W. 10. Farid acquitted-accused was convicted under section 324, P.P.C. and was sentenced to 3 years' R.I.; while the remaining four accused were acquitted vide judgment dated 25-5-1978. 3. The convicts filed appeal in the Lahore High Court. Murder Reference for confirmation of the death sentence of Mehram…

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