Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302/34 & 307/34---Constitution of Pakistan (1973), Art. 185(3)---Case of two versions---Contentions were that the case being of two versions Courts below had failed to consider the defence version; that F.I.R. was not lodged at the time indicated therein; that prosecution witness did not say anything about the motive; that ocular testimony was in conflict with medical evidence and that recovery of weapon of offence from accused was doubtful---Leave to appeal was granted to consider, inter alia, the said contentions. (b) Penal Code (XLV of 1860)---' ----Ss. 302/34 & 307/34---Appraisal of evidence---All the accused had joined in the pre-planned and preconcerted attack knowing and intending its natural consequences---Accused had acted in furtherance of common intention in the commission of the offence and their so-called version was neither proved nor the same inspired confidence---Interference was declined by Supreme Court in circumstances. Aftab Farrukh, Senior Advocate Supreme Court for Appellants. M. Zaman Bhatti, Advocate Supreme Court for the State. Date of hearing: 13th March, 1998. JUDGMENT ABDUR REHMAN KHAN, J.---This appeal with leave of the Court impugns the legality of the judgment, dated 31-10-1994 of a Division Bench of Lahore High Court; whereby, the appeal preferred by the appellants against the judgment of the learned Trial Court passed on 18th December, 1991 was modified to the extent that the sentence of Javaid Iqbal appellant No.1 was reduced from death to life imprisonment while the conviction and sentences of the other appellants imposed upon them by the Trial Court under sections 302/34 and 307/34, P.P.C. were kept intact. 2. The learned Trial Court had found all the appellants guilty .under sections 302/34, P.P.C. and 307/34, P.P.C. and on conviction under the former had sentenced Javaid Iqbal appellant to death and a fine of Rs.50,000 or to undergo 4 years S.I. The other three appellants were awarded life imprisonment and a fine of Rs.30,000 each or in default each one to suffer 3 years R.I. All the four appellants were imprisoned under section 307/34, P.P.C., to six years R.I. each with a fine of…

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