Law:

Section:

Penal Code (XLV of 1860)--------, Ss. 323, 324 & 326-Five persons accused of offences under Ss. 302/!49, 148 & 324-Three accused acquitted and remaining two A and N found guilty under S. 302/34-On appeal sentence of A confirmed by High Court but conviction of N (causing simple injuries) altered to one under S. 326/34-Out of five accused three having been acquitted principle of vicarious liability under S. 149, P. P. C. could not be invoked and N having been found not to have acted in concert with A in furtherance of common intention, conviction of N under S. 326/34, P. P: C. on mere ground that since he knew that his companion A was armed with spear he should have known that there was probabilby of causing grievous hurt, held, unjustified-Conviction of N altered by Supreme Court to one under S. 324/34, P. P. C. M. Siddigue, Attorney Federal Court for Appellant. R. Changez, Advocate-General Punjab (C. M. Sharif, Advocate Federal Court with him) instructed by Ijaz Ali, Attorney for the Crown. Date of hearing : 4th.October 1954, JUDGMENT MUHAMMAD SHARIF, J.-Five persons, i. e. Ali Nawaz; Nur Muhammad, Islamuddin, Rustam and Maula Bakhsh were tried under sections 302/149, 148 and 324, P. . P. C. for the murder of one Muhammad Jaisak and for having caused injuries. to Muhammad Khokhar on the 16th March 1952. Islamuddin, Rustam and Maula Bakhsh were given the benefit of doubt and acquitted. Ali Nawaz and Nur Muhammad were found guilty under section 302 read with section 34, P. P. C. Ali Nawaz was sentenced to death and Nur Muhammad was awarded the lesser punishment of transportation for life. Both the convicts appealed to the High Court of Judicature at Lahore. The sentence of death upon Ali Nawaz was confirmed but in the case of Nur Muhammad the conviction was altered to one under section 326, P. P: C. read with section 34, P. P. C. and the sentence was accordingly reduced to five years' rigorous imprisonment. Nur.Muhaminad has now put in a petition for special leave to appeal which was admitted with a view to test the legality of the conviction under section 326 read with section 34, P. P. C. The learned Judges of the High Court in disposing of the appeal…

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