Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 149-Section divided into two parts offence committed by member of unlawful assembly in prosecution of common object of assembly and; offence which member of unlawful assembly knew to be likely to be committed in prosecution of common object-Question of knowledge one of fact to be decided on full consideration of all circumstances of case-Supreme Court in appeal interfered with finding of High Court where question of knowledge was not free from difficulty. (b) Penal Code (XLV of 1860)--- ---Ss. 304, Part 11, 323 & 325 read with S. 149-Common object of assembly to teach lesson to deceased (implying thereby to cause hurt only)-Supreme Court in appeal while maintaining sentence under Ss. 323/149 & 325/149 set aside conviction under S 304, Part 11/149. Mahmud Ali, Advocate Federal Court instructed by Muhammad Siddiq, Attorney 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 : 18th January 1954. JUDGMENT AKRAM, J.-This is an appeal by special leave from a judgment of the Hi gh Court of Judicature at Lahore. Fifteen persons were alleged to have taken part in an occurrence which took place on the 16th of July 1950; one of them having absconded the remaining fourteen (including the appellant Mir Dad) were put upon their trial before the Additional Sessions Judge of Gujrat, for the murder of Sahibdad (appellant's brother', for the attempted murder of P. W. 6, Lal Khan and P. W. 7, Sardar Khan, and for rioting with deadly weapons in connection with the said occurrence. The case for the prosecution was that Sahibdad deceased and his brothers were joint owners of a piece of land in which the appellant had a half share; that by mutual arrangement the parties were in possession of specific portions of the land, but about three days prior to the occurrence appellant claimed some more land in his share which his brothers including Sahibdad deceased refused to give; that then there arose a quarrel between them in the course of which the appellant threatened to teach a lesson to his brothers within a few days;…

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