Law: Penal Code (XLV of 1860)

Section: 302, 304

(a) Witness Confusion prevails in minds of most rustics with regard to distances on linear basis-Witness giving his distance, as also of other witnesses, from scene of occurrence, first as 3-4 furlongs and next as. 40 paces-Circumstance, by itself, held, would not discredit otherwise, cogent testimony of prosecution witnesses. (b) Penal Code (XLV of 1860)  Ss. 302 & 304 Part II-- Murder-Judicial confession made very next day of occurrence corroborated on most material particulars by evidence of prosecution witnesses-Conviction maintained. (c) Penal Code (XLV of 1860) Ss. 302 & 304 Part II-- Murder-Victim receiving oblique contused wound 2" x 1" on back of lowest side part of chest-Medical opinion not stating injury to be sufficient in ordinary course of nature to cause death but stating same to be nonetheless dangerous--Such omission however, not sufficient to rule out inference that injury on vital part of body and dangerous in nature would, in ordinary course of nature, suffice to cause death-Small injury of 2" x 1" given by blunt side of weapon on lower side of chest, could not, nonetheless, be expected to cause death-Fact that accused did not use sharp-side of weapon -nor inflicted multiple blows indicative of accused's intention not to M cause death-Accused, held, could, at most, be imputed with knowledge that his act was likely to cause death-Conviction, in circumstances, altered from one under S. 302 to one under S. 304, Part II. Date of hearing : 26th March 1971. JUDGMENT MUHAMMAD ALI SAYEED, J.-The appellant has been convicted by the learned Sessions Judge, Sukkur under section 302, P. P. C. for the murder of Dham Bux son of Malhar, aged 50 years, and sentenced to transportation for life. Two other persons, namely, Kamal and Ramzan who had been tried with the appellant for the same offence have been acquitted. The incident took place on the 10th of November 1966 at. about 11 a.m. in the land of Mehboob Shah, in Deb Kassimpura, Taluka Pano Akil. Accord ing to the F. I. R. which was lodged at 3 p.m. the same day with the Pano Akil Police Station, at a distance of 14 miles, by the brother of the deceased, Dhani Parto,…