Law: Penal Code (XLV of 1860)

Section: 304 , 302

  Penal Code (XLV of 1860)--- ----Ss. 304, Part II & 302---Appeal against acquittal of charge under S. 302, P. P. C.---Prosecution had failed to prove that accused had come to the spot with intention of murder---Evidence showed that accused at the spur of moment under heat of passion gave axe blows to deceased on his head---Guilt of accused thus amounted to culpable homicide not amounting to murder and his case fell within ambit of S. 304, P. P. C. Penal Code (XLV of 1860)-- ----S. 304, Parts I & II---Appreciation of evidence---Accused while giving axe blows on the head of deceased-knew that such bodily injury with a sharp-edged weapon was likely to cause death of deceased---Conviction of accused under S.304, Part II, P. P. C. was accordingly altered to S. 304, Part I, P. P. C. and sentence of imprisonment was enhanced with benefit of S. 382-B, Cr.P.C. Malik Hamid Saeed, A. A. G. for the State. S. Safdar Hussain for Respondent. Date of hearing: 16th January, 1990. JUDGMENT MUHAMMAD ISHAQ KHAN, J.--The State has filed the instant appeal against the judgment dated 8-5-1986 of the learned Sessions Judge Kohat, whereby he tried Gul Rehman son of Gul Zaman, accused-respondent, under section 302, P. P. C. for the murder of Noormat Khan (brother-in-law of the accused-respondent), but acquitted him of the charge under section 302, P. P. C. and instead convicted and sentenced him under section 304. Part-11 of the Pakistan Penal Code to 7 years' R. I with a fine of Rs. 1,000 or in default of payment of fine to undergo six months R. I. The learned trial Judge also ordered that a sum of Rs. 1,000 out of the amount of fine, if realised, shall be paid to the legal heirs of the deceased as compensation under section 544-A, Cr.P.C. The prosecution case, in brief, is that on 29-5-1985 at 2000 hours Mst. Raisham Jana, complainant, lodged a report with Nizam Khan, A S I, in Civil Hospital, Hangu wherein she stated that on the eventful day at Deegarvela she was present in her house alongwith her father-in-law Haji Yar Khan and Nawab Khan son of Gulab Khan, who were making ablution to prepare themselves for Deegar prayers. Her husband Noormat Khan, deceased, went…