Law:

Section:

(a) Penal Code (XLV of 1860)-----Ss. 302/34 & 307/34--Evidence--Accused, on findings recorded by High Court itself, could not be held to be liable for injuries caused to deceased and one of prosecution witnesses--Conviction of accused under Ss. 302 & 307 read with S. 34, Penal Code, held, was not sustainable. (b) Penal Code (XLV of 1860)-- ---Ss. 302 .& 307--Accused himself admitted his presence and participation in occurrence in which deceased and one of prosecution witnesses were brutally dealt with, former losing his life while latter suffering serious injuries, whereas minor injuries were sustained by accused's father and appellant himself remaining unscathed--Conviction under Ss. 302 & 307 of appellant, who had already been given maximum concession, held, did not require any interference--Appeal rejected-­Benefit of provision of S. 382-B, Cr.P.C. however, directed to be given to appellant. JUDGMENT NASIM HASAN SHAH, J.--This appeal, by leave of this Court, is directed against the judgment of the Lahore High Court passed in Criminal Appeal No.249 of 1978 on 1-4-1980. The relevant facts are that Nawab Din appellant alongwith his three sons, namely, Zafar Iqbal, Muhammad Anwar and Muhammad Aslam were tried by the Additional Sessions Judge, Sialkot, for the murder of Abdul Aziz and for murderous assault on Abdul Hamid P.W. The learned Additional Sessions Judge acquitted Muhammad Anwar but found the remaining three accused guilty of offences under sections 302/34, P.P.C. and 307/34, P.P.C. For the former offence he sentenced each one of them to imprisonment for life with a fine of Rs.1,000 (one year R.I. in case of default); for the later offence he sentenced each one of them to 7 years' R.I. and a fine of Rs.500 or 6 months' R.I. in dafault). On appeal to the High Court, Muhammad Aslam was acquitted but the conviction and sentences of Nawab Din and Zafar Iqbal appellants were upheld. The background, in which the tragic incident resulting in the death of Abdul Aziz and grievous hurt to Abdul Hamid P.W. took place, was that the deceased and his brother Abdul Hamid (P.W.7) were occupying some lands of Nawab Din appellant as tenants. Nawab Din was…

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