Law: Penal Code (XLV of 1860)

Section: 302, 325

Penal Code (XLV of 1860)  S. 302 read with S. 325-Murder-Offence, alteration of --Accused and deceased entering into heated arguments upon dispute of milking buffaloes and accused eventually giving deceased a single blow on his forehead with a wooden Pahori-Parties having no previous enmity nor any motive for causing death of deceased Intention to cause death of deceased, held, not established, in circumstances-Conviction of accused under S. 302, P. P. C. altered to one under S. 325, P. P. C. Ahmed v. State P L D 1971 S C 720; Anwar v. State P L D 1965 Lah. 378; Ghulam Mohammad v. State 1972 P Cr. L J 993 and Devraj v. State P L D 1980 Kar. 246. rel. Date of hearing: 28th June, 1980.                                                                                                                                           JUDGMENT NASIR ASLAM ZAHID, J.-This appeal under section 410, Cr. P. C. has been filed by the convict-appellant Loung son of Allahdino Solangi against the judgment dated 10thSeptember, 1979 of the learned III Additional Sessions Judge, Hyderabad, whereby the appellant has been convicted under section 302, P. P. C. and sentenced to imprisonment for life. This appeal was admitted by order dated 22nd September, 1979 of this Court and while admitting the appeal this Court ordered issuance of notice to the appellant for enhancement of sentence. 2. The prosecution case is that the deceased, Mohammad Rahim son of Wasaro Solangi, had been hit by the appellant with a `pahori' (a wooden spade) on 19th March, 1973 and initially a case was registered against the appellant under sections 324 and 323, P. P. C. and the offence being bailable the appellant was enlarged on bail by the Police, but later on the deceased died on 7th June, 1973 and, as according to the prosecu tion case the death of the deceased was the…