Law: Penal Code (XLV of 1860)

Section: S. 307

  Penal Code (XL V of 1860), S. 307-Intention to cause death to be gathered or inferred from external acts-Accused using big knife with blade 31" long-Injuries inflicted, however very slight--Accused to be punished for what he actually did and not for what he might have done-Conviction altered from S. 307 to S. 324, P. P. C.   Intention-To be gathered or inferred only from external acts.   Intention is a state of mind which is not ordinarily ascertain able. "The thought of man", therefore, "is not triable because even the devil himself knoweth not the thought of man." Intention, then, is to be gathered or inferred only from external acts and, therefore, for this purpose it is very necessary to examine the act itself of the accused.   Vasudeo Balwant Gogte's case A I R 1932 Bom. 279 ; Queen Empress v. Niddha 14 All. 38 ; Nawab Ali v. The State t' L D 1962 Kar. 269 ; Ghulam Sabir Amir Khan v. Emperor A I R 1942 Pesh. 21 ; Fatta v. Emperor A I R 1931 Lab. 63 and Martu Vithoba v. Emperor 14 Cr. L J 641 ref. JUDGMENT   The appellant was convicted by the S. B. M. Cantonment. Karachi exercising powers under section 30, Cr. P. C. under section 307, P. P. C. and sentenced to undergo rigorous imprison ment for seven years. He was further sentenced to pay a fine of Rs. 1,000 or in default thereof to undergo rigorous imprisonment for one and a half year more. He has appealed from this con viction and sentence.   The facts in this case are not in dispute and, indeed, Mr. Ahmad Saeed, Advocate,appearing on behalf of the appellant has conceded the prosecution story and has admitted that his client did attack the injured Ghulam Rasool inflict ing upon him the injuries mentioned by Dr. Allah Bakhsh P. W. 1 in his evidence. The sole point urged by the learned defence Advocate is that the case against his client really falls under section 324, P. P. C and not under section 307, P. P. C.   Nevertheless, in order that a correct and proper apprecia tion of the point involved inthis appeal may be reached, a brief recitation of the salient facts of this case is necessary. The appellant and the injured Ghulam Rasool…