Law:

Section:

Penal Code (XLV of 1860)-------S. 307/34---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to further consider the case of accused whose role was at par with that of co-accused who had been acquitted by High Court in appeal. ORDER S. USMAN ALI SHAH, J.---Khalid Mahmood and Muhammad Saleem petitioners alongwith Tariq, their co-accused were tried by the Magistrate 1st Class Section 30 Attock, for an offence under section 307/34, P.P.C. for two effective .12 bore pistol shots at Arshad Javed complainant (P.W.1) at his Toil Agency, by Khalid Mahmood on 30-3-1978 at 10-00 a.m. Petitioner No.2 and Tariq acquitted- accused were attributed the charge of dragging the injured complainant out of his premises. The learned trial Magistrate vide his order dated 6-1-1980, found the accused guilty of the offence and sentenced both the petitioners to 4-1/2 years' R.I. with fine of Rs.1,000 each or in default of payment of fine each one of them is to suffer further R.I. for six months, and Tariq accused was sentenced to 2 years' R.I. with fine of Rs.500 or in default of payment to suffer further R.I. for six months. On appeal before the High Court a learned Single Judge vide impugned judgment acquitted Tariq by giving him the benefit of doubt and while maintaining the conviction of the petitioners under section 307, P.P.C., reduced the sentence of Muhammad Saleem to 2 years' R.I. and fine to Rs.500 or in default of payment to suffer further three months, the sentence…

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