Case Details

Citation(s)
1996 SLG 1273 1996 SLD 1273 1996 SCMR 1005
Supreme Court of Pakistan
Criminal Petition No. 229-L of 1993, decision dated: 3rd May, 1994
AJMAL MIAN AND WALI MUHAMMAD KHAN, JJ

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MUHAMMAD RAFIQ and others

VS

THE STATE

Law:

Section:

Penal Code (XLV of 1860)--S. 307/34---Constitution of Pakistan (1973), Art. 185(3)---Accused could not derive any benefit from the exoneration of their co-accused from the charge by the police---Complainant party had sustained several grievous and simple sharp-edged weapon and blunt weapon injuries, some of which resulted in the cutting of bone through and through---All the accused, thus, had rightly been held vicariously liable and sentence awarded to them by Courts below was not harsh---Leave to appeal was refused in circumstances. M. Aslam Nagi, Advocate Supreme Court and S. Abid Nawaz, Advocate-on-Record for Petitioners. Nemo for the State. . Date of hearing: 3rd May, 1994. JUDGMENT WALI MUHAMMAD KHAN, J.--Muhammad Rafiq, Sharif, Abdul Aziz and Manzoor, petitioners herein, assail the judgment dated 15-3-1993 passed by a learned. Single Judge of the Lahore High Court, whereby their appeal against their conviction and sentence under sections 307/34, P.P.C and 326/34, P.P.C, was partly accepted, their conviction and sentence under section 326/34, P.P.C. was set aside and their conviction and sentence under section 307/34, P.P.C maintained. 2. We have heard Mr. Muhammad Aslam Nagi, Advocate, for the petitioners, and have perused the record of the case. 3. The learned counsel for the petitioners argued that alongwith the petitioners other persons, namely, Siddique, Ahmad Hassan, Batt, Usman and Abdul Ghani had also been charged with effective role but they were…
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