Law: Pakistan Penal Code, 1860

Section: 302,307,325,149,148,000

(a) Constitution of Pakistan (1962), Art. 58 - Criminal appeal-Leave to appeal to Supreme Court-Granted where there was evidence of a clash between two fully armed groups and it was urged that "High Court should have examined evidence, as to manner in which clash came about, with greater care". (b) Criminal trial--- Cross cases---One death and injuries to several persons including a woman on either side-One set of accused convicted and those of other set acquitted by Sessions Judge holding those convicted as aggressors-Held that proper weight should have been given to tally of injuries, that approximate equality of injuries indicated a clash between "two equally armed and prepared parties" -Presence of women showed that parties were in the village on an innocent occasion-(Cross cases)-Each party representing itself as being innocent of responsibility for clash­ Court, therefore, to bear all surrounding circumstances in mind while reaching conclusion-Incident, in circumstances of case, regarded as a sudden fight following a flare-up between parties who were highly inimical to each other-Offence of each participant consequently should be punished in law on proof of individual injuries caused by him, there being no proof of constructive liability. JUDGMENT CORNELIUS, C. J.-This appeal by special leave is brought by four appellants, Ghulam Haider, Gul Rang, Nur Elahi and Mehr Khan, whose convictions under sections 302, 307 and 325 read with section 149 as well as section 148, P. P. C., were confirmed on appeal by the High Court, a death sentence awarded to Ghulam Haider being confirmed at the same time. The other three appellants had been awarded transportation for life for the major offence. Three other persons, Allah Wasaya, Chan and Karam Elahi who had been similarly convicted at the same trial by the Sessions Judge were acquitted. The order granting leave to appeal reads as follows "The argument advanced is that the physical facts clearly indicate that there was a clash between two fully-armed groups of men. There was a death on each side, and the tally of injuries on the accused side is higher than that on the prosecution side. There was a cross-case, for the…

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