Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--S. 302--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal was granted to examine the legality of the High Court's as also to see whether accepted principles of administration of criminal justice had been followed in the case. (b) Penal Code (XLV of 1860)-- ---Ss. 302 & 300, Exception 4--Accused taking undue advantage, victims being unarmed--Accused also, acted, if not in' a cruel manner, at least in an unusual manner--Benefit of Exception 4 of S. 300, P.P.C., held, was not available to accused in circumstances. (c) Penal Code (XLV of 1860)-- ---S. 302--Alibi, plea of--Accused raising plea of alibi on the ground that after sunset it was not possible for him to have travelled 30 miles by bus or 15 miles by katcha road within one or one and a half hours and reached place of occurrence-­No evidence existed as to how the accused travelled--Travelling of 15 miles or 30 miles by bus or other transport and reaching the spot before sunset was quite possible--Evidence of independent eye-witnesses was duly believed by Trial Court as well as High Court against accused--Presence of accused at scene of offence and- his participation in the incident, held, could not be doubted in circumstances. (d) Penal Code (XLV of 1860)-- . ---S. 302--Sentence--Attack was without any premeditation--Death sentence altered to imprisonment for life in circumstances.--[Sentence]. (e) Penal Code (XLV of 1860)-- ---Ss. 302 & 323--Appeal against acquittal--Deceased had not sustained injuries as a result of preconcerted attack--Accused had given Soti blows to deceased without sharing intention or knowledge of co-accused--Said blows were given by him after deceased had sustained fatal injuries at the hand of co-accused and accused had not in any manner contributed to death of deceased--Accused had no knowledge that co-accused was carrying any knife--Accused, held, could be saddled with his own act of causing simple injury to deceased--Acquittal of accused from charge under S. 323, P.P.C. and conviction under S. 323, P.P.C. was proper in circumstances. Ch. Khalilur Rehman, Senior Advocate Supreme Court for Appellant (in Criminal Appeal No. 103 of…

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