Law:

Section:

Penal Code (XLV of 1860)-----Ss.304, Part 11/34 & 324/34---Constitution of Pakistan (1973), Art.185(3)---Not possible to ascribe any blame to either of the accused persons for causing fatal blow on deceased or of causing simple and grievous injuries to prosecution witnesses in absence of any specific attribution as to role played by each---Since rule of vicarious liability could not be invoked in the case, accused were given benefit of doubt and acquitted. Nemo for Appellants (in both Appeals). Muhammad Aslam Uns for the State. Date of hearing: 12th April, 1989. ORDER MUHAMMAD HALEEM, C.J.--In terms of the leave granting order we have examined the record of the case. The trial Court held that both the parties had prepared themselves for a fight and have fought in which case it was a free fight. Nonetheless, without apportioning their culpability in the killing of the deceased and of causing injuries to Ghulam Sarwar (P.W.4) and Shera (P.W.5), the trial Court convicted Sadiq, Wasawa and Ratallun under section 304, Part 11 read with section 34, P.P.C. and section 324 read with section 34, P.P.C. The High Court on appeal upheld the convictions and sentences recorded by the trial Court. It may here be mentioned that the deceased suffered one incised injury of considerable dimension while Ghulam Sarwar had six injuries which were caused by…

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