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Penal Code (XLV of 1860), S. 304, Part H. read with S. 34­Culpable homicide not amounting to murder-Accused using ordinary sticks and inflicting only one head injury-Accused, held, had no' intention to kill deceased-Deceased having an enlarged heart with a rupture at its apex-Death, held, caused due to rupture of heart and 'unsafe in circumstances to maintain conviction under S. 302/34, P. P. C. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgme4ht of the High Court of West Pakistan, Lahore, in Criminal Appeal No.' 82 of 1968. By this judgment, the learned Judges of the High Court set aside the conviction of the respondents under section, 302/34, P. P. C., and convicted them under section 304, Part Il read with section 34, P. P. C. Wand sentenced them to three years' rigorous imprisonment each. Respondents Saddar Din and Ramzan alias Jano, were convicted under. section 302/34, P.. P. C.'for the murder of Khurshid, a son of the appellant by the learned Additional Sessions Judge, Multan, who sentenced Saddar Din to death and Rdmzan to transportation for life. As stated above, on appeal, a Division Bench of the High Court of West Pakistan, Lahore, altered their conviction to section 304, Part II read with section 34, P, P. C. and sentenced them ; to three years' rigorous imprisonment. The prosecution case is that a month before the occurrence the deceased was in the service of Aziz and-his brother Abdul Hamid. They had a dispute with the respondents over the land. During this dispute the deceased had abused the respondents by siding with his masters. They convened a Panchayat and, asked Abdul Azix and Abdul Hamid to either terminate the services of the deceased or ask him to leave the village as he .had "abused them. It appears that Abdul Hamid decided to terminate the services of the deceased and the matter ended there. The respondents are Rajput. They were nursing a grievance against the deceased. They, therefore, attacked the deceased with sticks at about 7-00 a.m. on the 22nd April 1966, while he was going to bring fodder from the field 'for his horse. Saddayr Din gave a stick blow on the head of the deceased who fell…

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