Law: Penal Code (XLV of 1860)

Section: 302, 304

Law: Criminal Procedure Code (V of 1898)

Section: 439

(a) Penal Code (XLV of 1860) S. 302-Murder, offence of-Accused causing a fatal blow to deceased with a dagger in vital part of abdomen-Accused, held, intended to cause death or such bodily injury which was sufficient in ordinary course of nature to cause death of deceased. Khanwada v. The State P L D 1971 Pesh. 13 ref. (b) Criminal Procedure Code (V of 1898) S. 439 read with Penal Code (XLV of 1860) S. 304, Parts I & II- Revision (criminal)-Powers under S. 439, Cr. P. C.-cannot be exercised to convert a finding of even a partial or implied acquittal into one of conviction-Offences under Parts I & II of S. 304, P. P. C. having reference to distinct offences and accused having been convicted under Part II, his conviction under Part I refused, in exercise of revisional jurisdiction of High Court. (c) Criminal Procedure Code (V of 1898) S. 439-Revision (criminal)-Accused given notice for enhancement of sentence only-Re-trial, held, could not be ordered, in circumstance.----[Re-trial-Sentence]. Jamshed Khan for Petitioner.                                                 Date of hearing : 29th April, 1981.                                                                                                                                                JUDGMENT Accused-respondent Mustafauddin son of Wali Mohammad resident of Kalyas, Tehsil Charsadda, District Peshawar was tried under section 302, P. P. C. for committing the murder of Marjan Ail deceased on 24th August, 1977 at 8-30 p.m. in the mosque of village Kalyas, At the…