Law: Criminal Procedure Code (V of 1898)

Section: 222

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898) S. 222-Charge-Exact time of occurrence not specified in charge-Charge, held, not defective. (b) Penal Code (XLV of 1860) S. 303-Sentence-Deceased summoning accused in his house, abusing him and then addressing him "as to why he being a servant had beaten G"-Accused shooting deceased to death-Occurrence taking place suddenly at spur of moment not pre-planned-Accused having no direct enmity or motive against deceased-Sentence of death reduced to imprisonment for life in circumstances. Dates of hearing : 20th and. 21st January 1975.                                                                                                                            JUDGMENT MUHAMMAD SIDDIQ, J.------The brief facts of the case as alleged by the prosecution are that on 13-6-1972, Ghulam Sarwar complainant due to some domestic dispute gave beating to his wife Mst. Iqbal Bibi, who is the sister of Anwar. For that reason she got annoyed and went to her parents house who are living in the same village. On 14-6-1972 at about 7 a.m. when said Ghulam Sarwar was ploughing his land, the said Anwar, brother of his wife alongwith his servant Sher Muhammad, present appellant, came there. Anwar who was armed with a hatchet gave him a blow with the wrong side of that hatchet on the head of the complainant while Sher Muhammad appellant gave him a few slaps. This beating was given to him because one day earlier he had slapped and beaten Iqbal Bibi, the sister of Anwar. The complainant immediately came to his house and conveyed the whole occurrence to his uncle Allah Yar deceased. At about noon time, Allah Yar sent for Sher Muhammad appellant and, when he came the deceased admonished him as to why, he being a servant, had given beating to Ghulam Sarwar complainant. In retaliation the appellant abused the deceased also and challenged him that…