| Citation(s) |
|---|
| 1951 SLG 43 1951 SLD 43 1951 PLD 222 |
Lahore High Court
Criminal Appeal No. 693 of 1950 decided on 27th March, 1951 from the order of Ex-Officio Additional Sessions judge
MUHAMMAD MUNIR, C.J. AND KHURSHID ZAMAN, J
Jalal-ud-Din Qureshi, for Appellants. S. A. Mahmud, Assistant Advocate General, for
Respondent
Criminal Appeal No. 693 of 1950 decided on 27th March, 1951 from the order of Ex-Officio Additional Sessions judge
MUHAMMAD MUNIR, C.J. AND KHURSHID ZAMAN, J
Jalal-ud-Din Qureshi, for Appellants. S. A. Mahmud, Assistant Advocate General, for
Respondent
NAZAR HUSSAIN and others
VS
CROWN
Law: Pakistan Penal Code, 1860
Section: 534,34,302
Law: Criminal Procedure Code (V of 1898)
Section: 374
(a) Penal Code (XLV of 1860), S. 534-Attack on deceased provoked by something happening unexpectedly-Common intention not ascribable to all accused. If the attack on -the deceased was provoked, by something which unexpectedly happened immediately before it was launched, it is not possible to hold that deceased was stabbed in furtherance of a common intention of all the accused to murder him. No question of section 34 arises and each of the accused is responsible for his own individual act. (b) Public Prosecutor-Withholding evidence likely to affect result of case-Strongly disapproved-Public Prosecutor's duty -Not to secure convictions at any cost. The course adopted by the Public Prosecutor in giving up a witness on the ground that he had been won over and thus withholding evidence which was likely to affect the result of the case is to be strongly disapproved. It is no part of the duty of the Public Prosecutor to secure convictions at any cost. On the other hand, he is expected to assist the Courts in coming to correct conclusions by placing all the material evidence before them. JUDGMENT KHURSHID ZAMAN, J.-Nazar Hussain, Mukhtar Hussain, Rustam Ali and Ali Muhammad .appellants were tried and convicted by the Additional Sessions Judge; Multan, under section 302/34 Pakistan Penal Code; for the murder of one Allah Bakhsh. Nazar Hussain was sentenced to death and the remaining three appellants to transportation for life. The 'convicts have appealed against their convictions and sentences and the case is also before us under section 374 of the Code of Criminal Procedure for the confirmation of the death sentence of Nazar Hussain. The deceased as well as the appellants are goldsmiths of village Tolamba in the district of Multan. The allegation against the appellants is that on the 7th June 1950 at about midday they entered the shop of the deceased and in furtherance of their common intention murdered him. Twofold motive is alleged. Seven years before the occurrence Mst. Zubeda, real sister of the appellants, was betrothed to Muhammad Bakhsh (P. W. 13), brother of the deceased and in return the deceased's daughter Mst. Kaniz was betrothed to Mukhtar Hussain…
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