Law: Penal Code (XLV of 1860)

Section: 302, 326

  Penal Code (XLV of 1860) S. 302 read with S. 326-Murder Sentence-Contention that death having been caused by supervening peritonitis and removal of spleen, and if deceased had been given proper treatment he would not have died and as such the offence fell not under S. 302 but under S. 326-Accused having motive to kill deceased, firing with a revolver from a very close range and hitting him on a vital part-Removal of spleen and intervening peritonitis direct result of injuries caused by accused-Mere fact that peritonitis intervened, held, not sufficient in circumstances to convert offence from one under S. 302 to one under S. 326, Penal Code, 1860. JUDGMENT ASLAM RIAZ HUSSAIN, J.-This is an appeal against the order of Shah Abdur Rashid, Additional Sessions Judge, Rawalpindi dated 11-2-1967, whereby he convicted Abdur Rahim son of Rahm-ud-Din, caste Pathan, resident of Mohalla Workshopi Rawalpindi city, for the murder of Muhammad Anwar and sentenced him -to transportation for life, under section 302, 2. The motive for the murder is said to be that Muhammad Anwar (deceased) who was a young man of about 26/27 years of age, was suspected by Abdur Rahim accused, of having illicit relations with his wife Mst. Anwar Sultana. She was not living with Muhammad Anwar deceased and had even made a complaint (Exh. P. L.) against him to the Chairman of the relevant Union Committee. 3. The facts of the actual occurrence, briefly stated, are as follows: On 28th October 1965, Said Azam (P. W. 20) gave the hosing 'of his truck No. 6652/PR for repairs to Muhammad Anwar (deceased) who was a mechanic by profession. The hosing required welding and Muhammad Anwar (deceased) therefore, took Said Azam (P. W. 20) to the workshop of Muhammad Amin (P. W. 15), in Sarai Khem Singh for getting, the hosing welded. Muhammad Amin, P. W. kept the hosing and asked them to take it back latter in the day. Muhammad Anwar (deceased) and Said Azim (P. W. 20) again visited the workshop of Muhammad Amin.(P. W. 15) at about 2-30 p.m. The hosing had been welded by that time. Muhammad Anwar (deceased) took out the hosing and started examining it by bend ing down, when, suddenly, Abdur Rahim…