Law:

Section:

Penal Code (XLV of 1860)-------- S. 302/34-Concerted attack on deceased with iron-shod lathis Plea that accused merely wanted to give beating by way of punishment held not sustainable-Person joining accused in such attack-Equally liable. M. Sleem, Senior Advocate Supreme Court (M. B. Zaman, Advocate Supreme Court with him) instructed by M. A. Rahman, Attorney for Appellants. J. H. Rizvi, Advocate-General, West Pakistan (Ataullah Sajjad, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for the State. Date of hearing : 23rd February 1959. JUDGMENT CORNELIUS, J.-This appeal is brought before the Court by special leave granted to two persons, Muhammad Akbar and Farzand Ali, who stand convicted under section 302 read with section 34, P. P. C., in order to consider the question "whether section 34 of the Pakistan Penal Code was applicable to make both the petitioners liable for murder." Four persons, namely, the two appellants and two others named Muhammad Bakhsh and Muhammad Sharif were tried on charges under section 302/34, P. P. C. for the murder of Mahboob Shah and under section 323/34, P. P. C. for causing simple injury to a companion of Mahboob Shah, named Mukhtar Hussain Shah. The assault was made on the premises of Railway Station Sihala, which is some 45 minutes running distance to the south of Rawalpindi. The parties belong to two villages situated close to this station and members of both parties were to travel, by the same train from Sihala to Rawalpindi on the day in question, to appear in a Magistrate's Court in which Muhammad. Akbar and Farzand Ali, the present appellants, were standing. trial on a charge under section 324, P. P. C. for an assault on Mukhtar Hussain Shah. There was also pending in the same Court a complaint by the party of the accused against Mahboob­ Shah deceased, Mukhtar Hussain Shah and others under section 498, P.P.C. in respect of the wife of the appellant Farzand Ali. While the train was standing at Sihala, according to the ­prosecution story, the four accused persons assaulted first Mahboob Shah and then Mukhtar 1-lussain Shah with ironshod lathis. Mukhtar Hussain Shah got off comparatively lightly. Although…

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