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Petition for Special Leave to Appeal No. IC‑39 of 1967, decided on 26th January 1968.

(On appeal from the judgment of the High Court of West Pakistan, Karachi, dated the 28th April 1967, in Confirmation Case No. 50 of 1966/Criminal Appeal No. 217 of 1966).

S. 302/34‑A & B entering a house to abduct girl‑On being surrounded by men A firing at point blank range and killing one person whereas B merely firing two shots in air‑Contention, that B's firing in air indicated his intention different from that of A and so his conviction under S. 302/34, P. P. C. not correct‑Special Leave try Appeal granted by' Supreme Court to consider question.

Abdul Hafeez Pirzada, Advocate Supreme Court instructed by A. H. Memon, Attorney for Petitioners.

Nemo for the State.

Date of bearing: 26th January 1968.

‑The argument is raised that, the facts found .being that the petitioners Lai Bux and Rasool Bux were retreating from the house which they had entered with the object of abduct ing the girl Roshna, when men appeared ‑t the door to cut of Tux their escape, and thereupon, Lai Bux fired at Dhani Bux, but Rasool Bux fired two shots in the air, after which they fled, it could not be said that the killing of Dhani Bux was an act performed by both of them. The attempt at abduction had been abandoned by this time. Rasool Bux, by firing in the air indicated that his intention was different from that of Lal Bux who simultaneously fired at Dhani Bux.

The argument has force, and we accordingly grant leave to Rasool Bux to call in question the correctness of his conviction), under section 302/34, P. P. C. The act of killing by Lai Bux is clearly established, for he shot directly at Dhani Bux, at point blank range hitting him in the region of the abdomen downwards, and causing necessarily ,fatal injuries. The petition of Lai Bux is accordingly dismissed.

Petition partly accepted.

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