Law:

Section:

Penal Code (XLV of 1860)-----S. 302--Constitution of Pakistan (1973), Art. 185(3)--Death due to strangulation--Five accused; four empty handed while only one had a sots--Injury caused with sota, a simple one--Leave to appeal granted to consider question that it was not possible, in circumstances, to infer that accused had common intention to commit murder, ORDER NASIM HASAN SHAH, J.-- The prosecution case is that a about 12.30 p.m. while Muhammad Riaz deceased and Allah Ditta complainant were cutting fodder the petitioners herein, namely Muhammad Akram (empty handed), Muhammad Asghar (armed with sota) and Muhammad Akhtar (also empty handed)-- who are brothers ­came to the spot alongwith the two acquitted co-accused, namely Shahbaz and Khushi Muhammad (also empty handed), Khushi Muhammad allegedly raised a lalkara whereupon Shahbaz, acquitted co-accused caught hold of the hands of the deceased while Muhammad Akram petitioner, caught hold of him by his legs and felled him down Thereafter, Muhammad Asghar, petitioner, inflicted a sota blow of the wrist of the deceased, Muhammad Akhtar, petitioner, clasped the deceased by his neck and started throwing him and thereby causing his death. The motive for the occurrence is stated to be that Mst. Sakina a relative of the complainant (Allah Ditta P.W.6) was murdered about 8/9 years before the present occurrence and in that connection Shahbaz (acquitted accused) and Muhammad Akram & Muhammad Asghar (petitioners herein) were convicted. They had come back after serving the sentence and on the day of the occurrence Allah Ditta complainant and his son Muhammad, Riaz deceased were cutting fodder in their field when…

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