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1996 SCMR 1005

MUHAMMAD RAFIQ and others vs THE STATE

Citation1996 SCMR 1005
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 229-L of 1993 Cr. Appeal No, 505/92
Date1994-05-03
Judge(s)Ajmal Mian, Wali Muhammad Khan
ResultLeave refused

' WALI MUHAMMAD KHAN, J.--Muhammad Rafiq, Sharif, Abdul Aziz and Manzoor, petitioners herein, assail the judgment dated 15-3-1993 passed by a learned. Single Judge of the Lahore High Court, whereby their appeal against their conviction and sentence under sections 307/34, P.P.0 and 326/34, P.P.C, was partly accepted, their conviction and sentence under section 326/34, P.P.C. Was set aside and their conviction and sentence under section 307/34, P.P.0 maintained.

2. We have heard Mr. Muhammad Aslam Nagi, Advocate, for the petitioners, and have perused the record of the case.

3. The learned counsel for the petitioners argued that along with the petitioners other persons, namely, Siddique, Ahmad Hassan, Batt, Usman and Abdul Ghani had also been charged with effective role but they were placed in column No,2 of the challan by the police and declared innocent and that, since some of the grievous injuries had been attributed to those persons, the petitioners could not be held vicariously liable for those injuries.

4. We have considered the evidence brought on the record in the light of the submissions made by the learned counsel for the petitioners and are of the view that the petitioners could not derive any benefit from the exoneration of their co-accused from the charge by the police. There are several injuries on the person of complainant party, both, grievous and simple, caused by sharp-edged weapons as well as by blunt means. Some of the injuries resulted in the cutting of bone through and through. Section 34, P.P.0 was fully attracted in the facts and circumstances of the case and all the petitioners were rightly held vicariously liable and sentenced accordingly. The sentence awarded by the trial Court and the High Court does not appear to be harsh and the prayer of the learned counsel for the petitioners for the reduction in sentence cannot be acceded to.

' Resultantly, finding no merit on the instant petition, the same is dismissed and leave to appeal is refused.

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