Law:

Section:

(a) Constitution of Pakistan (1973)---Art.185(3)--Penal Code (XLV of 1860), Ss.302 & 304, Part I--Leave to appeal granted by condoning delay of six days with a view to examining propriety of acquittal of one set of accused for charge of murder, alteration of conviction of remaining accused from S.302, P.P.C. to 5.304, Part I, P.P.C. and question whether accused were at all liable to be convicted. (b) Penal Code (XLV of 1860)-- ---Ss. 302 & 304, Part I--Deceased given beating mercilessly with manifest intention to doing him to death--Out of 22 injuries 3 were individually as well as collectively sufficient to cause death in ordinary course of nature--Common object of accused persons, held, was to cause death of deceased and not merely to teach him a lesson--Conviction of accused under 5.302, P.P.C. was, therefore, justified in circumstances-­Acquittal of such accused persons and alteration of their conviction to one under 3.304, Part I, P.P.C., held further, was erroneous in law. (c) Penal Code (XLV of 1860)-- ---S. 302/149--Appraisal of evidence--Benefit of doubt--Accused forming unlawful assembly after arming themselves with deadly weapons with common object of causing death of deceased--Presence of accused at spot testified by eye-witnesses--Evidence of such eye-witnesses corroborated by recovery of guns from accused persons, each of which had matched with empties--Held, there was hardly any question of giving benefit of doubt to accused simply on ground that they had not caused any injury to deceased--Participation of accused having been proved, their case clearly fell within mischief of S.149, P.P.C.--Acquittal order of such accused was, therefore, set aside and they were convicted under S. 302/149, P.P.C. JUDGMENT NASIM HASAN SHAH, J.-- This judgment will dispose of Criminal Appeal No.134 of 1980 and Criminal Appeal No.135 of 1980, as both of them have arisen out of the same incident namely the murder of Muhammad Latif father of Shafqat Ali (Appellant in Criminal Appeal No.134 of 1980). The incident took place on the 27th of April, 1977 at Chahwela i.e. about 8 or 9 a.m. in the area of village Gulla Maharan, at a distance of three miles from the…

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