Law:

Section:

Penal Code (XLV of 1860)---S. 304 (I)-Sudden fight-Parties suddenly deciding on day of incident to go to cattle fair and respondent's intention and plans to ambush deceased on his way not established-Road passing to cattle fair frequented by those proceeding to fair and trees at place of incident not found offering any shelter to assailant-Respondent not escaping from rl place of incident and no premeditation and preplanning established­ Conviction under S. 304 (1), P. P. C., held, rightly recorded, in circumstances. ORDER ANWARUL HAQ, C. J.-The petitioner's brother Ashfaq Ahmad was killed during an incident which took place at 7-30 a.m.. on the 11th of April, 1975, on the Pacca road in the area of village Chak Qadah, at a dis­tance of l I miles from Police Station Dhuman, in the Jhelum District. The matter was reported at the police station by the petitioner at 10-15 a.m. same day. According to him, he and his deceased brother were going to the cattle fair at Addah Pir Phulahi alongwith their goals, when the respon­dent Muhammad Akram suddenly appeared from behind a Jhund tree. armed with a chhuri, and stabbed the deceased on the front side of his chest, causing an injury 6' deep. On seeing this assault, the petitioner gave a few blows with his stick to the accused, but stick broke down. and thereupon the petitioner tried to snatch away the chhurri from the hand of the accused, and during this scuffle knife injuries were caused on of the petitioner as well as the accused. The incident attracted Mir Zaman (P. W. 10) and one Israr Muhammad, but the accused managed to escape from the spot. 2. The motive for the assault was stated to be the grievance entertain­ ed by the accused person owing to a beating given by the deceased to the sister of the accused. Mst. Manzoor Begum by name, when her goats had trespassed into the wheat field of the deceased. An altercation had then taken place between the accused and the deceased as Mst. Manzoor Begum had complained to the accused that she had been caught by the deceased with an evil intention. This incident occurred four or five days before the present murder 3. On being arrested on the next day, the respondent led for…

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