Law: Penal Code (XLV of 1860)

Section: 307, 342, 34

(a) Penal Code (XLV of 1860) S. 307/342/34 read with 324/34 Accused beating and confining complainant in cattle-shed--One accused although armed with a hatchet, using it only once and giving a simple injury on the head complainant, even though none intervened and nothing could prevent him to do away with complainant if he so intended-Accused, held, did not intend to cause death of complainant-Conviction of accused under S. 307 altered to one under S. 324, Penal Code, In circumstances. (b) Petal Code (XLV of 1860) S. 307/342/34 read with 324/34-Sentence-Complainant carrying on with wife of one accused trespassing, into his house to meet his wife--Accused bearing and confining complainant in their, cattle-shed sentence of one year's R. I. under S. 342/34 reduced to period already undergone, in view of provocation given by complainant to accused by carrying on illicit relations with wife of one of them. Date of hearing : 26th November 1969.     JUDGMENT This is an appeal by Muhammad Ashraf (40) son of Ahmad, nor Muhammad (40) and Ramzan (30) sons of Sultan, caste rain, residents of Sahiwal, District Sargodha. They have been convicted by Ch. Muhammad Ishaq, Magistrate 1st Class with section 30 powers, Sargodha, under section 307 read with section 34 of the Pakistan Penal Code. Ramzan is sentenced seven years' rigorous imprisonment and Muhammad Ashraf and Noor Muhammad to six years rigorous imprisonment each and in addition all of them have been fined Rs. 200.00 each, in default of the payment of which, they have been directed to undergo further rigorous imprisonment for a period of nine months. They have further been convicted under section 342 read with section 34 of the Pakistan Penal Code and sentenced to one year s rigorous imprisonment each. The sentences have been ordered to run concurrently. Rs. 200.00 out of the fine, if realized, has been directed to be paid to Imam Din P. W. as compensation. The convicts have come up in appeal. The prosecution case briefly is, that on the 19th of January 1965, at about digerwela, Imam Din (P. W. 2) arrived at Chah Bajewala, situated in the area of village Sahiwal, at about d11gerwala to fetch fodder for…