Law: Pakistan Penal Code, 1860

Section: 302,326

(a) Murder-Motive- True or substantial one, whether neces­sary. The state of mind of the accused is more to be looked to in judging of the motive for a crime. It is not necessary that the motive must be a true and substantial one. The real question is what was animating the accused in a particular act committed by them. There is nothing extraordinary if in addition to a motive alleged by the complainants, there was some other matter which might have actuated the accused in making the attack. (b) Penal Code (XLV of 1860), Ss. 302, 326-Some accused armed with sears-Common object: to kidnap woman married to one accused, or, to punish complainant-One of complainant's men killed in attack-Whether knowledge that death would .be likely result of attack could be attributed to accused. Per Muhammad Munir, C. J., (S. A. Rahman, J. concur­ring): If the object of the respondents was to kidnap, and they came armed with spears, and other lethal weapons with a view to accomplish that object, knowledge that murder was likely to be committed must be attributed to the respondents, because when several persons set out on a kidnapping expedition after arming themselves with several spears, in this case definitely .three but in all probability more, they do know that the spears are intended to be used and that the indiscriminate use of such weapons does more often than not lead to murder. As a general rule, if a body of men armed with weapons like spears go out to commit and offence in -the commission of which spears are intended to be used, whether the crime be robbery or abduction or the taking of forcible possession of land and water, it must be presumed that every one of such persons know that killing would be the likely result of the use of such weapons. A. I. R. 1942 Lah. 89; A. I. R. 1941 Lah. 117, ref. Per S. A. Rahman, J. "Knowledge" like "intention" is a subjective fact and it is obvious that such a fact cannot be proved by direct evidence. The knowledge imputable to an accused person can only be gathered from the nature of the weapons carried, the nature of the injuries caused and all the surrounding circumstances of the case including the object aimed at by the accused.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492