Law:

Section:

(a) Penal Code (XLV of 1860)-----S. 302/34 read with S. 300, Exception 4--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to consider (i) whether High Court had failed to give a finding on what it itself termed as "crucial question involved in case" (ii) whether it had taken a correct view of the law as to application of Exception 4 to S. 300, Penal Code and (iii) whether after holding that injuries were caused in a sudden fight, it could still have held that "common intention" to cause death had been formed during the incident. (b) Penal Code (XLV of 1860)-- ---S. 302/34--Constitution of Pakistan (1973), Art. 185--Appeal-­Non-appearance of counsel--Effect--Practice and procedure--Counsel for appellants not appearing before Court--Appeal treated as a jail appeal.--[Practice and procedure]. (c) Penal Code (XLV of 1860)-- --S. 302 read with Ss. 34 & 300, Exception 4--Evidence--Broad daylight occurrence witnessed by as many as five witnesses, three of whom had stamps of injuries on their persons and, therefore, their presence at spot could not be doubted--Accused persons too had injuries and had admitted occurrence though with a different version-­All witnesses were unanimous in accusing the accused for launching attack and giving stab blows to deceased as well as to three eye-witnesses--Medical evidence and motive going a long way to establish case of prosecution against the two accused persons--Defence version not only vague but also not at all convincing and was rightly discarded by Courts below--Injuries were not caused in a sudden flare-up as sufficient material was available on record to establish that it was a case of pre-concert--Accused having launched attack with common intention, they were covered by provision of S. 34, Penal Code--Accused, held, had been properly convicted and sentenced for the murder of deceased and for murderous assault on three eye-witnesses. JUDGMENT ALI HUSSAIN QAZILBASH, J.--This is an appeal by leave against the judgment of a learned Single Judge of the Lahore High Court, dated 12-6-1979, whereby the conviction and sentence of the two appellants namely, Abdullah and his brother Jamaitullah, under…

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