Law: Penal Code (XLV of 1860)

Section: 302, 304(11)

  Penal Code (XLV of 1860), Ss. 302- & 304(11)-Culpable homicide not amounting to murder-Deceased and his brother abusing and catching accused on ground due to previous quarrel--- Deceased sitting on chest of accused and catching him by neck-- Accused first giving teeth-bite on arm of deceased and then giving fatal knife blow to release himself-Intention to cause death or every bodily injury likely to cause death held, not proved-Conviction altered to one under S. 304 (II) and sentence reduced to S years' R. l. Date of hearing: 1st August 1972.                                                                                                                             JUDGMENT NASIM HASAN SHAH, J.- Muhammad Ismail (aged 35 years) and Mohammad Din alias Manna (aged 25 years) sons of Mohammad Shafi were tried for offences under section 302/307 read with section 34, P. P. C. by Mr. S. A. Waheed, Additional Sessions Judge, Sheikhupura, for committing the murder of Mohammad Anwar and murderous assault on Mohammad Din P. W. on 7-1-1969 at about peshiwela near the tubewell of Mohammad Amin, situate in the area of village Baddo, Police Station Ferozewala, District Sheikhupura. The learned Additional Sessions Judge vide his judgment dated 6-1-1971 acquitted Muhammad Din alias Manna of the charges levelled against him, He, however, convicted Mohammad Ismail under section 302, P. P. C. and sentenced him to death. He also convicted him under section 324, P. P. C. for the injuries caused to Mohammad Din P. w. and sentenced him to suffer R. I. for a period of one year. In case, the death was not confirmed, the last mentioned sentence was to run concurrently with the sentence imposed for causing the death of Mohammad Anwar. The appellant Muhammad Ismail has filed an appeal against his convictions and sentences. The proceedings have been referred to us under…