Law:

Section:

(a) Penal Code (XLV of 1860)- S. 299 read with Ss. 302 & 325-Murder-One of two -accused putting turban around neck of deceased while other felling him by holding his legs, resulting in dislocation of cervical vertebrae Deceased remaining alive for a period of about 8 months after occurrence, bed-ridden and on that account necrotic ulcers formed on body, contributing towards his death-Accused having no worthwhile motive to kill accused nor intending to cause him bodily injury likely to cause death of accused-Case of accused, held, not covered under definition of culpable homicide-Offence, held further, one of voluntarily causing grievous hurt falling under S. 325, P. P. C.-Conviction of accused altered from S. 302, P. P. C. to S. 325, P. P. C., in circumstances.-[Culpable homicide] (b) Criminal Procedure Code (V of 1898)- S. 382-B-Sentence, reduction in-Conviction of accused under S. 302, P. P. C., altered to one under S. 325, P. P. C.-Accused in Jail for last 5 years-Sentence reduced to imprisonment already under gone.-[Sentence]. JUDGMENT This appeal is directed against the judgment of learned Additional Ses­sions Judge, Vehari, dated 30-1-1979, whereby Falak Sher and his brother Ghulam Jafar appellants were convicted under section 302/34, P. P. C. and sentenced to life imprisonment and a fine of Rs. 3,000 each or in default in payment of fine to undergo further rigorous imprisonment for one year. The amount of fine, if recovered, was ordered to be paid to the legal heirs of the deceased by way of compensation under section 544, Cr. P. C. 2. On 28-8-1975, in the evening, Muhammad Iqbal, deceased was returning to his house from the tube-well of Ramzan Lambardar. When he reached near the sugarcane field of the appellants, the appellants came out of the sugarcane field and caught hold of the decreed. Falak Sher appellant put the turban around the neck of the deceased and pressed it while Ghulam Jafar appellant felled him on the ground with the result that the deceased sustained injuries on the back side of neck and the back. Khurshid Ahmad (P. W. 10) and Ghulam Muhammad (P. W. 11) were attracted to the spot on the noise raised by the deceased. They rescue the…

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