Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302/34 & 307/34--Appreciation of evidence--Leave to appeal was granted to the three convicts under Ss. 302/34 & 347/34, P.P.C. to examine whether S. 34, P.P.C. was at all applicable to their conviction and sentence and whether they could be convicted under S. 307/34, P.P.C. for one of the injured who chose not to appear at the trial and was given up by prosecution as having been won over-­Evidence available on record showed that there was no pre-meditation, no preparation and no. planning--Fact that accused were armed with a gun, a spear and a Sota could not be sufficient to attribute a common intention to them when the appearance of complainant party at the scene was by chance and the altercation could neither be anticipated nor was the same planned--Every accused, therefore, in the absence of common intention would be responsible individually for his own act and was to be dealt with accordingly. (b) Penal Code (XLV of 1860)--- ---S.307/34--Appreciation of evidence--If a person does not make statement in respect of his own injury, then it is difficult to sustain conviction with regard to that injury on the statement of others. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted to the three convicts under sections 302/34 and 307/34, P.P.C. to examine whether section 34, P.P.C. was at all applicable to their conviction and sentence and whether they could be convicted under section 307/34, P.P.C. for one of the injured who chose not to appear at the trial and was given up by the prosecution as having been won over. 2. The prosecution case in brief against the appellants was that Ghulam Muhammad one of the appellant convict suspected that Muhammad Zaman deceased had illicit relations with his sister Mst.Sakina and invoking the pretext of a dispute over irrigation water on the 30th September, 1974 while he himself was armed with a gun and the co-accused Sher Khan with Barchha and Muhammad Khan with Sota, attacked the deceased and his companions Aslam Khan (PW-6) and Bahadur Khan not produced. The report about the occurrence was recorded at 10-00 a.m. the same day. The investigation was conducted by Muhammad Afzal…

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