Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 304

(a) Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), S. 304, Part II- Appeal (criminal)--Murder-Evidence, appreciation of-Deceased sustaining 6 blunt weapon injuries but none on vital parts of his body-Accused, held, had no intention to kill deceased, in circumstances-Conviction under S. 304. Part II, P. P. C. main tained.-[Evidence]. (b) Penal Code (XLV of 1860) S. 304, Part II--Sentence-Mitigation-Deceased himself inviting trouble by throwing a grenade at accused but apprehended and belaboured-Sentence of 7 years' R. I. held, a little excessive and reduced to 4 years' R. I. in circumstance.-[Sentence]. Date of hearing: 31st January, 1981.                                                                                                                      JUDGMENT Appellants Ghulam Nabi aged 35 and Ghulam Abbas aged 30, who are brothers inter se, were tried for the murder of Faqir Hussain deceased aged 30. But convicted on 30th January, 1979 under section 304 read with section 34, P. P. C. and sentenced to 7 years' rigorous imprisonment each with a fine of Rs. 2,000. In default of payment of fine each either of them was directed to undergo further rigorous imprisonment for one year. The trial Court also ordered compensation to be paid to the heirs of the deceased. 2. The allegation against the appellants was that on 16th February, 1976 at about 10 p. m. they assaulted the deceased within the area of Chak No. 274/R B in District Faisalabad with lathis and injured him, as a result of which he died the next day at about 3 p.m. while he was being carried to the hospital. It appears that an Assistant Sub-Inspector of Police from the Police Station Dijkot visited the village on beat at 9 o'clock in the morning following the incident, whereupon Faqir Hussain deceased reported the incident to him. 3. It is an admitted fact in this…