Law: Penal Code (XLV of 1860)

Section: 302/109/34

Law: Criminal Procedure Code (V of 1898)

Section: 439

Penal Code (XLV of 1860)     Ss. 302/109/34 Criminal Procedure Code (V of 1898), S.439 ¬Petition for enhancement of sentence Appreciation of evidence No overt act had been attributed to the two accused persons and the role attributed to one of them was that she had clasped the deceased and facilitated the main accused to cause fatal blow Both the said two accused were husband and wife and the female accused was sister in law of the deceased Only one blow had been given by the main accused ¬No other visible injury was found on the body of the deceased Had the deceased been clasped by the female accused there would have been other injuries also on the person of the deceased and even otherwise it was repellent to common sense that in the presence of her husband, female accused would perform that kind of act Mother of the deceased having already forgiven the main accused and had appeared as defence witness to say so, Trial Court in view of the attending circumstances had rightly sentenced the two accused persons to Diyat amount to the extent of legally inheritable share by the minor son and widow of the deceased Petition to the extent of the main accused, was dismissed as not pressed and with regard to the above two accused was dismissed accordingly.    Rana Muhammad Nawaz for Appellant.   Muhammad Akram Javaid for Respondents.   Date of hearing: 15th August, 2002. JUDGMENT This revision for the enhancement is directed against the judgment dated 27 4 2000 passed by the learned Additional Sessions Judge, Mandi Bahauddin in case F.I.R. No.202 of 1995 dated 8 4 1995, under sections 302, 109 and 34, P.P.C., Police Station Saddar, Mandi Bahauddin vide which the learned trial Court convicted and sentenced (lie respondents in the following terms: Under section 308(1), P.P.C. All the (three accused/respondents namely Arshad Iqbal, Muhammad Inayat and Mst. Rashida Bibi were sentenced to Diyat amount to the extent of the legal inheritable bights of Zaigham the minor son and the widow of the deceased. Under section 311, P.P.C. In addition to sentence for a share of Diyat to be paid to the widow of the deceased who have not waived their right…

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