Law:

Section:

Penal Code (XLV of 1860), Ss. 302, 301 & 300, Exception 4­Murder-Accused intending to shoot M to death but hitting J and killing him-Act of killing J-Exactly same as if M were killed Accused premeditatedly and deliberately aiming gun at M, there being no sudden fight upon a sudden quarrel-Affair, held, one sided and accused used deadly weapon fully knowing consequences of his act-Petition for special leave to appeal dismissed. ORDER ANWARUL HAQ, J.-The petitioner, Shaukat Ali, was convict­ed by the learned Additional Sessions Judge, Mardan, under section 302, P. P. C. and sentenced to undergo transportation for life and to pay a fine of Rs.2,000 for causing the death of one Janas Khan on the 1st of January 1970, in village Ismaila an Tehsil Swabi of the Mardan district. After having appealed unsuccessfully to the Peshawar High Court, he has now prayed for special leave to appeal mainly on the following grounds :- (a) that the case being one in which section 301, of the Pakistan Penal Code has been applied, the evidence should have been scrutinized with greater care and strictness for the reason that there was no intention on the part of the petitioner to cause the death of Janas Khan ; and (b) that in any case the facts and circumstances attending the crime clearly brought the case within the ambit of Exception 4 to section 300 of the Pakistan Penal Code, but the Courts below have failed to give this benefit to the petitioner. The relevant facts may briefly be stated. There was said to be enmity between the petitioner and his two brothers on the one side and P. W. Mehrdil and his brother Zian Dil on the other owing to dispute over some agricultural land. and there had been criminal litigation between the parties. On the 1st of January 1970, celebrations were going on at the Hujra of Mehrdil in connection with the marriage of his cousin Roidil. Mehrdil left the celebrations and went to an adjoining Jawar field for urination. When he was returning to the Hujra, he was followed by the deceased Janas Khan. The petitioner appeared on the scene, armed with a gun, and started abusing Mehrdil. The latter protested, whereupon the petitioner aimed his gun at Mehrdil…

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