Law: Penal Code (XLV of 1860)

Section: 300, 302

  (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 26th June 1968; in Criminal Appeal No. 606 of 1967/Murder Reference No. 108 of 1967). (a) Penal Code (XLV of 1860), Ss. 300 & 302-Murder Sentence-Injury caused by chhurri of 9" blade on victim's thigh resulting in cutting away a large blood vessel and eventual death of victim-Contention that thigh not being vital part of body; accused should be given lesser punishment of transportation for life-Accused's premeditated use of chhurri with such force as to cut away large vessel, -held, indicative of intention to cause injury sufficient to cause death in ordinary course of nature-Case covered by third clause of S. 300 and accused rightly sentenced to death. (b) Penal Code (XLV. of 1860),. S. 302-Murder-Child witness-Witness a boy S/6 years' old-Neither an intelligent person nor could render any assistance to Court on aspect of cases-Failure to produce such witness, held, cannot give rise to presumption that such witness, if produced, would have deposed against prosecution- Evidence Act (1 of 1872), S. 114, illus. (g). Dates of hearing: 21st and 24th November 1969.   JUDGMENT AHIDUDDIN AHMAD, J.-Appellant Muhammad was tried along with his brother Muhammad' Latif under sec tions 302/34, 307/34, P. P. C. and under section 13 of the West Pakistan Arms Ordinance of 1965 for the murder of Muhammad Sharif and for the attempted murder of P. W. 7 Abdul Hamid at about 12-30 p. m.' on the 4th December 1966 in Jagan Street, Prem Nagar, Lahore, and for possession at that time the unlicensed chhuris Exhs. P. 5 and P. 6 respectively. Muhammad Latif was acquitted. Muhammad Siddique appellant was convicted and sentenced to death under section 302, P. P. C. by the Additional Sessions Judge, Lahore, by judgment dated the 24th June 1967. He was further convicted under section 307, P P. C. and sentenced to one year's rigorous imprisonment. He was also sentenced under section 13 of the West Pakistan Arms. Ordinance to two years' rigorous imprisonment. In the event of non-confirmation of the death sentence by the High Court, the sentences of…