| Citation(s) |
|---|
| 2018 SLG 366 2018 SLD 366 2018 PLJ 260 |
Lahore High Court
Crl. A. No. 875 of 2015, decision & hearing Date : 27.9.2017.
CH. ABDUL AZIZ, JUSTICE
Mr. Muhammad Sharif Zahid, Advocate for Appellant. Nemo for Complainant. Mr. Haroon-ur-Rasheed, DDPP for State.
Crl. A. No. 875 of 2015, decision & hearing Date : 27.9.2017.
CH. ABDUL AZIZ, JUSTICE
Mr. Muhammad Sharif Zahid, Advocate for Appellant. Nemo for Complainant. Mr. Haroon-ur-Rasheed, DDPP for State.
MUHAMMAD ABBAS
VS
STATE AND ANOTHER
Law:
Section:
Strangulation and Throttling-- ----Difference--It is of immense importance to mention here that there is a marked distinction between the "strangulation" and "throttling". In the case of strangulation a ligature mark is essentially required to be present all around the neck, whereas in case of throttling, the marks of fingers etc. are found on the front of the neck only. The instant case appears to be of throttling and not of strangulation, keeping in view the fact that the doctor observed reddish bruises on the font of the neck only. Dr. S. Siddiq Hussain (A Text Book of Forensic Medicine and Toxicology) ref. JUDGMENT This judgment shall dispose of the afore-captioned appeal filed by Muhammad Abbas (appellant) which is originating from the judgment dated 30.09.2013 passed by the learned Additional Sessions Judge, Kasur passed in a trial arising out of case FIR No. 311/2011 dated 20.06.2011 registered under Section 302, PPC at Police Station Khudian, District Kasur. The appellant, on the conclusion of the trial, was convicted and sentenced as under:-- Under Section 302(b), PPC to undergo imprisonment for life as ta'zir. He was also ordered to pay Rs.100,000/- as compensation to the legal heirs of Mst. Khadija Bibi (deceased) under Section 544-A, Cr.P.C. and in default of the payment of compensation, the appellant was directed to further undergo SI for six months. Benefit of Section 382-B, Cr.P.C. was also extended in favour of the appellant. 2. Precisely stated the facts of the prosecution case as unfolded by complainant Muhammad Iqbal (PW.3) in F.I.R (Exh.PB/1) are to the effect that he is a cultivator and has eight sisters. His sister namely Mst. Khadija was married with Muhammad Abbas (appellant) about eleven years prior to the instant occurrence and out of the said wedlock, the couple was blessed with three children namely Rizwan aged about 7/8 years, Aalia aged about 5/6 years and Fakhra Bibi aged about 3 ½ years. On 19.06.2011 a quarrel took place between the spouses, due to which complainant Muhammad Iqbal (PW.3), Muhammad Amin (PW.4), Muhammad Ahmad and Mst. Kausar Parveen went to their house and got the dispute patched up. Since the issue was settled…
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