Law:

Section:

Penal Code (XLV of 1860) - -- S. 300, fourthly read with S. 301-Causing death by imminently dangerous act-Accused throwing sulphuric acid on four persons with knowledge of its being imminently dangerous to cause death and actually causing death of one who happened to be other than primary target-Held, act of accused squarely covered by clause fourthly of S. 300 read with S. 301 and amounted to murder-Conviction maintained and sentence of death confirmed.-[Murder]. Ghulam Nab! v. The State P L D 1;957 Lah. 109; Law of Crime by Ratan Lai, 18th Edn., p. 696; Rehman Samail v. Emperor A I R 1939 Lah. 245 and Muhammad Ali v. Ahmad Ali P L D 1974 S C 51 ref. JUDGMENT MUHAMMAD AMIN Burr, J.-Bahadur son of Roora, caste Muslim Sheikh aged 38 years, resident of Shabi Mohallah, Lahore, was tried by the learned Additional Sessions Judge Lahore, under sections 302, 326, 324, P. P. C., for having caused the death of Mst. Baby aged about 3/4 months and having also caused grievous and simple hurts by throwing acid on Mst. Naziran alias Surriya, Mst. Salma, Muhammad Riaz and Muhammad Hanif. By his judgment dated 19-3-1976 the learned Additional Sessions Judge found the appellant guilty of the offence of murder under section 302, P. P. C. and convicted and sentenced him to death under section 302, P. P. C. He was also fined Rs. 2,000 or in default of its payment to suffer R. I. for a period of two years. By the same judgment the learned Additional Sessions Judge found him guiity of the offence of causing grievous hurt to Mst. Naziran and was sentenced to undergo 10 years' rigorous imprisonment and a fine of Rs. 2,000 or in default to suffer further R. I. for two years. The appellant was also convicted under section 324, P. P. C. on two counts for causing injuries by throwing acid on the persons of Muhammad Hanif and Riaz and sentenced to undergo R. I. for a period of one year on each count. Murder Reference No. 21 of 1977 made by the Additional Sessions Judge under section 374, Cr. P. C. and the Criminal Appeal No. 475 of 1976 filed by the appellant are being disposed of by this judgment. 2. The prosecution case briefly stated is that Muhammad Ashraf son of Karam Elahi,…

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