Law:

Section:

Penal Code (XLV of 1860)------Ss. 302/149 & 326/149-Common object of unlawful assembly consisting of six accused, not - to cause death nor was death known to them to be likely result­ Cases of all accused identical with each other except that one of them was armed with more dangerous weapon-Conviction of five under S. 326/149 while that of sixth under S. 302/149, held, not justified--Conviction altered in his case also to one under S. 326/149. Ghius Muhammad, Advocate Federal Court for Appellant. A. R. Changez, Advocate-General of the Punjab (C. M. Sharif, Advocate Federal Court with him) instructed by Ijaz Ali, Attorney for Respondent. Date of hearing : 14th December 1953. JUDGMENT ABDUL RASHID, C. J.-This is an appeal, by special leave, from a decision of the High Court of Judicature at Lahore sentencing the appellant Lal Din to death, under provisions of section 302 of the Pakistan Penal Code, for the murder of Mange Khan. The appellant was tried jointly with five others, namely, Nawab Din, Muhammad Yaqub, Ghulam Muhammad, Allah Ditta and Jhanda. All the six accused were convicted under section 302/149 by the Additional Sessions Judge, Lal Din being sentenced to death and the other five to transportation for life. On appeal the learned Judges of the High Court held that "the common object of the unlawful assembly consisting of the six convicts was not to cause death nor was death known to be the likely result". In consequence of this finding the learned Judges set aside the convictions of five the convicts under section 302/149 and substituted therefore convictions under section 326/149 and sentenced them to five years' rigorous imprisonment each. As for as Lai Din was concerned, it was held that he was guilty of murder as he was armed with a kulhari and had inflicted the fatal blow on the head of Mange Khan deceased. We find it difficult to uphold the finding of the learned Judges that Lai Din, and Lai Din alone, was responsible for the death of Mange Khan. The medical evidence shows that the deceased have five injuries on his person : (1) An incised wound 11/2" x 1/2" bone deep, on the front of head one inch from the hairy line of the forehead. (2) A…

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