Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S.302/34--Constitution of Pakistan (1973), Art. 185(3)--Appreciation of evidence--No prior meting of minds existed to form a pre-arranged plan to murder the deceased--Occurrence took place at the spur of the moment--Motive as set up by prosecution was too remote and weak and immediate cause of occurrence could not be ascertained--Each of accused was liable for his own act-­Fatal injury to deceased was attributed to accused M whereas only simple injuries were attributed to accused T and S--Sentence- of accused M was rightly maintained under S.302, P.P.C. with life imprisonment and those of T and S under S.323, P.P.C. in circumstances. Muhammad Aslam Choudhry, Advocate-on-Record for Petitioner. Nemo for Respondents Nos.1 to 3. Khawaja Muhammad Asghar, Advocate Supreme Court instructed by Rao Muhammad Yousuf Khan, Advocate-on-Record for Respondent No.4. Date of hearing: 6th March, 1989. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore, dated 18th March 1986 whereby conviction of Muhammad Tufail and Sarwar respondents was set aside under section 302/34, P.P.C. and they were only convicted under section 323, P.P.C. for causing simple injuries to the deceased and the conviction of Manzoor respondent was maintained under section 302, P.P.C. but his sentence of death was altered to life imprisonment plus fine. The present petition is for enhancement of the sentence of Manzoor respondent and against the setting aside of the conviction of Muhammad Tufail and Sarwar respondents under section 302/34, P.P.C. Briefly the facts are that the aforesaid three respondents alongwith Anwar and Khan were tried for offences under section 302/148/149, P.P.C. but the trial Court acquitting Anwar and Khan convicted the three respondents under section 302/34, P.P.C. and Manzoor respondent was sentenced to death plus fine whereas Muhammad Tufail and Sarwar respondents were sentenced to imprisonment for life plus fine each. On appeal of the convicts the High Court passed the impugned judgment as stated above. The deceased in this case is Jaimal. The occurrence took place on 17th March, 1981…

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