| Citation(s) |
|---|
| 1973 SLG 3041 = 1973 SLD 3041 = 1973 PCRLJ 242 |
Azad J. & K
Criminal Appeal No. 21 of 1972, decided on 16th December 1972.
Presented By: Ch. Rahim Dad Khan and Khawaja Muhammad Yusuf Saraf, JJ
Mark Mohammad Hayat for Appellant. Raja Muhammad Khurshid Khan, A.-G. for the State,
Criminal Appeal No. 21 of 1972, decided on 16th December 1972.
Presented By: Ch. Rahim Dad Khan and Khawaja Muhammad Yusuf Saraf, JJ
Mark Mohammad Hayat for Appellant. Raja Muhammad Khurshid Khan, A.-G. for the State,
MUHAMMAD MUNIR-Appellant
VERSUS
SARKAR-Respondent
Law: Penal Code (XLV of 1860)
Section: 307
(a) Penal Code (XLV of 1860), S. 307-Attempted murder ---Sudden fight-Grave and sudden provocation-Refusal by wife to g; back to accused husband's house on ground of ill-treatment-Accuse going to in-laws' house hiding knife having 4 'blade in waist ant causing injuries to almost every one present at spot-Carrying knife of 4f blade hidden ire waist, held, showed an element of premeditation and preparation to use knife in case of refusal of in-laws to send wife and completely negated defence of provocation, or sudden. (b) Penal Code (XLV of 1860), S. 307-Sentence, quantum of Prosecution witness receiving injury on vital part with a sharp-edge knife carried secretly by accused-Accused having already received years remission by Government-Sentence of S years' R. I., held justified in circumstance, of case, calling for no further remission- Accused, however, having no property within jurisdiction of `Court- Fine of Rs. 1,000 reduced to Rs. 50. Date of hearing: 14th November 1972, JUDGMENT RAHIM DAD KHAN, J. The appellant Mohammad Munir son of Hassan Ali caste khokhar, resident of village Khanpur, Tehsil Gujrat, has been convicted by Sub-Judge; Magistrate Ist Class, with enhanced powers, Bhimber, for offences under sections 307 and 324, P. P. C., by his order dated 19-9-1972 and sentenced to 5 years' R.I. and fine of Rs. 1,000 under section 307, in default of payment of fine the period of sentence is to be six months more. He was further sentenced to 6 months' R. I. for an offence under section 324, P. P. C. However, both the sentences were to run concurrently. Half of the fine, on realization, was, to be given to Mst. Naseem Akhtar one of the victims. The facts of the case are quite simple. Mst. Naseem Akhtar P. W. and Mst. Nazeer…