Law: Criminal Procedure Code (V of 1898)

Section: 410, 304, 325

Criminal Procedure Code (V of 1898) S. 410 read with Ss. 304 & 325-Appeal (criminal)-Conviction, alteration of-Accused inviting deceased to wrestle with him but on his refusal, out of youthful bravado lifting up deceased and throwing him on ground, head, downwards, resulting in fracture of deceased's neck and consequent death-No evidence forthcoming to indicate that accused at all wanted to cause death of deceased on such bodily injury which was likely to cause death-Case, held, not one of culpable homicide not amounting to murder-Conviction of accused under S. 304, P. P. C. altered to one under S. 325, P. P. C. in circumstances. Date of hearing : 1st June, 1981.                                                                                                                          JUDGMENT Muhammad Anwar was tried by Mr. Saadat Ali Chaudhry, Magistrate Section 30, Faisalabad, under section 304, P. P. C. for causing the death of Abdul Latif deceased. The said Magistrate, by his judgment dated 8thFebruary, 1981 held Muhammad Anwar guilty under section 304, P. P. C. sentenced him to 7 years' rigorous imprisonment and to pay a fine of Rs. 1,000 or in default of payment of fine to further undergo rigorous imprisonment for 3 months. 2. The brief facts of the case are that on 31stMarch, 1979 at about 5-00 in the evening, Barkat Ali P. W. 2, the grand father of the deceased Abdul Latif, was cutting fodder in his field, while the deceased Abdul Latif was present at the dera situate nearby. Zulfiqar accused (not challaned by the police) took the deceased Abdul Latif along towards the dera of Nab; Ahmad P. W. 3, where Muhammad Anwar accused and Abdul Hameed were present. Muhammad Anwar accused asked the deceased Abdul Latif to wrestle with him. He refused. On his refusal, Muhammad Anwar accused grappled with him, lifted him and threw him on the ground. Abdul…