Law: Penal Code (XLV of 1860)

Section: 302, 304(11)

Penal Code MY of 1860), -Ss. 302 & 304(11)-Culpable homicide not amounting to murder-Accused in heat of moment, on exchange of abuses between parties, drawing knife and giving blow proving fatal-Accused and deceased inter-related and not on inimical terms-Attack, held, not premeditated-Offence fell underS.304(11) Sentence-Accused being 18 years old, sentence reduced to 7 years' R. l. Abdul Lals and another v. State P L D 1970 Dacca 790 rel. Date of hearing; 20th July 1972.                                                                                                                                   JUDGMENT This is an appeal from the order of the Additional Sessions Judge, Sahiwal, convicting Riaz Beg of the murder of Yousaf Beg and sentencing him to transportation for life under section 302 of the Pakistan Penal Code. 2. The facts are fully stated in the judgment of the learned Additional Sessions Judge and need not be repeated at length. In brief, it appears that the accused and the deceased were present in the room of the School situate at a distance of about one kills from the village abadi, where the school boys, Noor Ahmad (P. W 2), Waryam (P. W. 4), Ashraf (P. W. 5) and Sakhawat (P. 6), had gone for study. White the accused lay on a mat in that room the leg of Riaz Jat touched Riaz Beg accused and then there was an exchange of abuses between the accused and the deceased. They were separated by the P. Ws. and after a few minutes, the accused took out the knife (Exh. P. 1) and inflicted a blow therewith on the left side of the chest of the deceased. The victim became unconscious and fell down and the accused was caught by the other boys, the aforesaid P. Ws. who raised an alarm and thereupon the other P. Ws. namely, Baqir Beg (P. W. 3) and Sagdar Beg (P. W 8), father and brother respec tively of the deceased, reached the place…