Law:

Section:

(a) Penal Code (XLV of 1860),S. 304-Charge-Must state whether it relates to Part I or II of section. Section 304 has two distinct parts and it is the duty of a Court framing a charge against an accused person under that section to specify which part is considered applicable to the case, and if that is not done it may, in some cases, be a serious omission. (b) Spleen-- Death following rupture--Nature of offence deter­mined by circumstances of each case. JUDGMENT SHABIR AHMAD, J.--Sh. Muhammad Akbar, Sessions Judge, .Montgomery, having, by his order dated the 8th August 1952, sentenced each of them to transportation for life under section 304 Part I read with section 34 of the P. P. C, Sardar Ali, Chakar, Bashir and Rehmat, Butchers, of village Mopalke, District Mont­gomery, have presented a joint appeal against that order. The prosecution case was that the four appellants, out of whom Rehmat was armed with a hatchet, Bashir and Sardar Ali with a spear each and Chakar with a dang attacked Shah Muhammad of village Mopalke, at about sunset on the 12th of August 1951 and caused him injuries. Shah Muhammad was rescued by some of his co-villagers and carried to his house, where he died about two hours later. The first information report was made at Police Station Chuchak at about 11 p. m. by Abdul Shakoor, a relative of the deceased. In the report it was men­tioned that a short time before the attack on him, Shah Muhammad, with his dog following him, was taking the food of his father and brother to the fields where they were. Outside the village, he came across Mst. Zohra daughter of Bakho, Mst. Khanu wife of Rehmat and Mst. Sabran wife of Qaim, Qasabs, who were coming towards the village. The dog barked at the women who asked Shah Muhammad why he did not stop the dog. This led to exchange of abuse and the deceased and the women went their ways. The three women on reaching their house related the incident and the abuse to their men, whereupon the four appellants, armed in the manner already mentioned, went in pursuit of Shah Muhammad. When the four appellants reached the field of Shah Muhammad, they challenged him saying that they would teach him a lesson for abusing…

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