Law: Penal Code (XLV of 1860)

Section: 307, 308

(a) Penal Code (XLV of 1860) Ss. 307 & 308-Criterion of judging gravity of offence--Intention and knowledge of assailant and motive behind offence and not merely nature or seat of injury or weapon used---Single superficial type of incised wound inflicted by accused on lower part of abdomen-Accused making no further attempt to inflict injuries though clone was thereto intervene except old mother of-victim-Held, provisions of S. 307, could not be invoked in circumstances. Muhammad Nazir and others v. The State P L D 1963 Lah. 442 and Ghulam Qadir v. The State I L, R 18 Lah. 111 rel. (b) Penal Code (XLV of 1860) Ss. 307 & 308-Solitary knife blow aimed at lower part of victim's abdomen-Mere fact that a nerve had been cut resulting in bleeding, which if not stopped could have proved fatal-Does not change nature of injury from simple to grievous-Charge under S. 308 and not under S. 307, held, rightly framed. Date of hearing : 5th June 1970.   JUDGMENT Ali Hussain is a petitioner in a complaint case originally registered under sections 307/34 and 452/34, P. P. C., but the learned Magistrate, after recording the material prosecution evidence, framed a charge under sections 452/34 and 308/34, P. P. C., Feeling aggrieved by it he moved an application under section 435, Cr. P. C. questioning the correctness of this order which was dismissed by Sheikh Ijaz Nisar, Additional Sessions Judge, Lahore, on the 26th of May 1969. He has accordingly approached this Court under section 439; Cr. P: C., for the revision of same on the ground that the trial Court had failed to appreciate the evidence on record. 2. The prosecution, case, in brief is that respondents Nos., 2. to 4, in furtherance of their common intention, committed criminal trespass in the house of the petitioner when. Nasir Ali caught hold of him and Noor Muhammad, on the exhortation of Safdar Ali, inflicted a knife blow on the lower part of his abdomen near the route of the genital organ measuring ' x " and was declared simple by the doctor vide, medico-legal report Exh. P. C. 3. The learned counsel for the petitioner contended that on the allegations made against the respondents the offence…