Law: Penal Code (XLV of 1860)

Section: 307, 324

Penal Code (XLV of 1860), S. 307 read with S. 324 A.tternpt to murder---Victim receiving only one grievous injury--rest being simple-Victim being at mercy of accused there was nothing to prevent them had they intended to kill him-Accused only intended to cause injuries which they actually did and no more -Offence, held, fell squarely under S. 324, Penal Lode, in circumstances-Conviction altered from one under S. 307 to one under S. 324, Penal Code, 1860. Date of hearing: 8th April 1969.   JUDGMENT As]am (17) and his cousin Sultan (22) were tried by Mr. Akhtar Joseph, Magistrate (with powers under section 30 of the Code of Criminal Procedure), Rawalpindi, under section 307/34, P. P. C. for attempted murder of Muhammad Irfan on the 18th April I-967, at about 9-30 p. m., in the area of village Gudwal. By judgment dated the 31st October 1967, they were convicted under section 307/34, P. P. C. and were sentenced to three years' rigorous imprisonment each and to pay a fine of Rs. 100 each or, in default of payment of fine, to undergo rigorous imprison-went for one month. They were also ordered to furnish bail in the sum of Rs. 3,000 each with one surety in the like amount to keep peace under section 106 of the Code of Criminal Procedure for a period of one year after the expiry of the sentence. They preferred an appeal to the Court of Sessions Judge, Rawalpindi, " who by judgment dated the 4th May 1968, dismissed the appeal, maintaining their conviction and sentences. They preferred the present Revision Petition to have set aside their conviction and sentences. 2. The prosecution case, briefly st4led, is as follows: - (a) On the 18th April 1967, at about 9-30 p. m., Muhammad Irfan (P. W. 7) was sitting in front of his shop in the area of village Gudwal. Sultan petitioner, armed with a knife, and Aslam petitioner, empty-handed, arrived there. Aslam caught hold of Muhammad Irfan and Sultan gave him knife blows. Muhammad Irfan.raised an alram which attracted Muhammad Fayyaz (P. W. 1), Muhammad Zaman (P. W. 2) and Ghulam Muhammad (P. W. 6). On their arrival, the petitioners fled away. (b) The motive for the offence was described as follows One Mil. Aziz…