Law: Penal Code (XLV of 1860)

Section: 299, 300, 302, 304

(a) Penal Code (XLV of 1860)  Ss. 299, 300, 302 & 304 Murder and manslaughterDistinc tionQuestion whether causing of certain injury culpable homicide or murderA question of fact depending upon degree of likelihood of death in consequence of injuryInjury, if responsible for caus ing death or sufficient to cause death in ordinary course of nature Offence, held, falls under definition of murderInjury if likely to cause death, offence one of manslaughter, punishable under Part 1 of S. 304, P. P. C.[Words and phrases]. . Masti's case (1911) P R3 ; Khurkuhar Lohar's case A I R 1929 Pat. 518 ; Shwe Ein's case 3 L B R 122 and Nga Tun's case 35 I C 511 ref. (b) Penal Code (XLV of 1860)  Ss. 299, 300, fourthly & 304 Culpable homicide not amounting to murderDeceased given fist blows and kicks in abdominal region causing severe damage to internal organsConviction under S. 304 (1) altered to S. 304 (11) in circumstances. Date of hearing : 9th July, 1979.                                                                                                                   JUDGMENT Appellant Amir Ali alias Siti son of Elabi Bakhsh, his brother co accused Faqir Muhammad, both residents of Begumkot, Police Station Sbabdara, Lahore and Sher Muhammad son of Charagh Din, a tonga driver of Sbabdara, were put on their trial before an Additional Sessions Judge, Lahore, on a charge under section 302/34, P. P. C. for the murder of Muhammad Amin deceased ; vide judgment dated 9th January, 1978, appellant has been convicted and sentenced to imprisonment for life and a fine of Rs. 2,00 or in default of payment of fine, further rigorous im prisonment for one year under section 304Part I, P. P. C. and the two co accused acquitted on a benefit of doubt as regards their participation in the occurrence. Onehalf of the amount of fine, if realized, is to go to the heirs of the deceased.…