| Citation(s) |
|---|
| 1983 SLG 694 1983 SLD 694 = 1983 PLD 79 |
Criminal Appeal No. 55 of 1980, decided on 2nd November, 1982. (On appeal from the judgment and order of the Lahore High Court, dated 29-7-1978, in Criminal Appeal No. 785/76).
Present : Muhammad Afzal Zullah, Shafi-ur-Rehman and Mian Burhanuddin Khan, JJ
Kh. Sultan Ahmad, Advocate Supreme Court and Rana Maabool Ahmad Qadri, Advocate-on-Record for Appellants. M. Bilal, Advocate Supreme Court for the State. Date of hearing : 2nd November, 1982.
MISBAHUDDIN AND OTHERS-Appellants
VERSUS
. THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 304 , 300
(a) Penal Code (XLV of 1860)-
S. 304, Part I read with S. 300, Exception IV-[Murder-case]Appreciation of evidenceInjuries on person of main accused not adequately explained by prosecution-Doctor though acknowledging probability of such injuries having been caused after occurrence yet taking date of his arrest in view main accused could not be imagined to have been injured while in- Police custody-One of injuries on person of such accused indicating such injury being contemporaneous with time when complainant party suffered injuries-Motive asserted at trial having been rejected by High Court and original motive asserted at F. I. R. stage having been abandoned nothing left to contradict suggestion of parties having quarrelled on some trifle, leading to a fight resulting in injuries and death of one-Case of main accused appellant, held, covered by Exception IV to S. 300, P. P. C., there being no meditation and number and nature of injuries negativing any undue advantage or cruelty-Right of defence claimed for such accused at earlier stage, held further, not available and accused's case being covered by S. 300, Exception IV he committed offence under S. 304, Part I of Penal Code, 1860.