Law:

Section:

Penal Code (XLV of 1860)------Ss. 307 & 324-Contention that injuries, although inflicted with dangerous weapons, were not serious and as such offence fell under S. 324 and not S. 307-Held use of dangerous weapons coupled with evidence regarding motive made it clear, in circumstances, that had victim received fatal injuries accused would have been guilty of murder-Conviction under S. 307, held, proper. Manzur Qadir, Senior Advocate Federal Court (M. Anwar, Advocate Federal Court with him) instructed by M. A. Rahman, Attorney for Appellants. A. R. Changez, Advocate-General West Pakistan (Fazal Elahi, Advocate Federal Court with him) instructed by Ijaz Ali, Attorney for the Crown. Date of hearing : 11th January 1956. JUDGMENT SHAHABUDDIN, J.-The appellants Roshan Akhtar, Muhammad Yar and Sultan Maqsud who had been tried along with five others by the Additional Sessions Judge, Shahpur at Sargodha, for the offences of rioting, attempted murder and murder were convicted of those offences and sentenced, Roshan Akhtar to death and the other two appellants to transportation for life for the offence of murder. One of the other accused Abdul Rauf was also convicted for the same offences and sentenced to death. Sentences of imprisonment for the other offences were passed on these convicted accused. On appeal the learned Judges of the High Court of Lahore held that there was no unlawful assembly and hence no rioting. They acquitted Abdul Rauf and altering the conviction of Roshan Akhtar into one under section 302 confirmed the sentence of death imposed on him. As for the other two appellants their convictions under section 307/149 were altered into convictions under section 307, lf. P. C. and the sentences of six years' rigorous imprisonment imposed on them were maintained. Their convictions for the offences of murder and rioting were set aside. This is an appeal by special leave from the judgment of the High Court. The case for the prosecution was as follows. There were two parties in the village of occurrence. Khuda Dad and Fazal Karim who were killed in the occurrence and P. Ws. Muhammad Sharif, Allah Dad, Muhammad Yar Marath (Gujjars) belonged to one party while…

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