Law:

Section:

Penal Code (XLV of 1860)- -- S. 326-read with S. 302-Grievous hurt-Murder-No evidence of any premeditation on accused's part-Incident appearing to be a sudden affair-Only one blow given by accused upon deceased's thigh, not a vital part of body-Blow, however happening to cut femoral artery and veins resulting in death-Accused being a layman could not be saddled with knowledge of location of different arteries and veins--Stab with knife or dagger aimed at arm or log severing artery leading to death of victim, reasonable to argue, in. circumstance, that offence was not one of culpable homicide-Accused in such case could only be presumed to have intended to cause hurt or grievous hurt with a dangerous weapon-Accuseds' case, held, fell within S. 326 and not under S. 302, P. P. C. [Grievous hurt. Public Prosecutor v. Ramaswami Nadar AIR 1940 Mad. 745 ref. ORDER SALAHUDDIN AHMED, J.-The petitioner -is the father of Muhammad Rafiq who died as a result of the occurrence that took Place on the 12th of February 1971 at 8.45 p.m. According to the prosecution case respondent Muhammad Arif came to Bazar Ander Shehr and started abusing the Kashmiris in general near the shop of Nazir Baker. Muhammad Rafiq deceased who was a Kashmiri himself and happened to be there asked the respondent not to abuse tae Kashmiri community as a whole but to abuse the particular individual who had annoyed him. The respondent at once took out a dagger and gave one blow with it on .the left thigh of Muhammad Rafiq. Rafiq was taken to the hospital and subsequently, he succumbed to his injuries the same night. The medical evidence disclosed that the femoral artery and veins were cut and he d led as a result of shock and excessive bleeding. The occurrence was witnessed .by two witnesses who have been found to be natural and completely disinterested. The occurrence itself and the part played by the respondent were not seriously challenged before any Court. The trial Court, however, convicted the respondent under section 302 of the Pakistan Penal Code and sentenced him to transportation for life and a fine of Re. 10,000. On appeal by the respondent, a Division Bench of the Peshawar High Court altered…

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