Law: Penal Code (XLV of 1860)

Section: Ss. 307, 324 & 326

Penal Code (XLV of 1860), Ss. 307, 324 & 326-"Attempt to murder"-Accused inflicting knife blow only "once" on vital part (abdomen)-Presumed to have not intended murder--Title of section 307 not to modify its meaning-Presumption that a person intends the natural consequences of his act-Does not extend to consequences which have not occurred-Conviction altered from S. 307 to Ss. 326 & 324-Interpretation of statutes-Title of section not to modify its meaning. JUDGMENT   In this case the appellant was tried along with his father Muniruddin. The charges were under sections 307, 324 and 326 read with section 34 or 109, P. P. C. and he has been convicted under section 307, P. P. C. for two separate offences committed during the course of one transaction and has been sentenced to 7 years' R. I. in respect of each conviction, the sentences to run concurrently.   The prosecution case is that Sharif, a brother of the injured Abdul Wa4eed, had been beaten by Nawab Ali. His mother went to remonstrate and she was abused. Later, Abdul Waheed and a friend Abdul Rahim (also injured) went to the shop and an altercation ensued. Nawab Ali also came out and Muniruddin told him to beat them. Thereupon the appellant went inside the house, fetched a knife and stabbed Abdul Waheed in the abdomen and Abdul Rahim in the chest. The former injury was grievous and dangerous to life, while the latter was muscle deep. There is no evidence that either Nawab Ali or Muniruddin had any injury, and I agree with the learned Magistrate, who disbelieved the defence version, that these injured persons had gone armed with sticks. Two witnesses were examined on behalf of the defence and several eye-witnesses, including the injured persons, on behalf of the prosecution. The learned Magistrate has given good reasons for preferring the evidence of the prosecution witnesses, and I cannot see that he has erred in so doing.   The learned Magistrate framed an issue: "whether the accused deliberately chose vital parts of the body to stab Abdul Waheed and Abdul Rahim." He said : "My reply is in the affirmative." Later in the judgment, he said:…