Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302, 326 & 304, Part II-(Murder-case)-Intention-Counsel not succeeding in showing Courts below having acted contrary to well­ established principles in administration of criminal justice or in matter of appraisal of evidence while arriving at broad concurrent findings of fact against accused appellant Assailants content with giving fist blows to deceased-Single knife blow struck on back, popularly not regarded ; as vulnerable-No evidence of premeditation on part of accused to kill-Case of appellant, held, covered by Part II of S. 304, Penal Code, 1860.-[Intention]. Muhammad Abu Toha v. State P L D 1966 Dacca 491; Ahmad and 3 others v. The State P L D 1971 S C 720; Criminal Appeal No. 135 of 1976 and Pehlwan v. The Crown 1969 P Cr. L J 1247,ref (b) Penal Code (XLV of 1860)-- --- Ss. 302 & 326-(Murder-case)-Negligent `medical treatment­ Evidence medical witnesses clearly excluding possibility of any negligence in matter of medical treatment of deceased-Observations of Division Bench as to cases of carelessness and negligence being not rare in hospitals not justified in circumstances-Even otherwise such observations, held, cannot alter appellants' conviction from S. 302 to S. 326, Penal Code, 1860-Injury to a person if sufficient to cause death in ordinary course conclusion as to intervention of medical attention or inattention having accelerated or contributed to victim's demise irrelevant.-[Evidence]. Murad v. The State P L D 1957 Lah. 332 ref. (c) Penal Code (XLV of 1860)- ----Ss. 302 & 304, Part II-Applicability of sections-Section 302 applies only when accused proved beyond doubt to have struck blow with intent to kill victim-Accused if more properly to be imputed know­ledge rather than intention, offence falls under S. 304, Part II and not under S. 302 or 304 Part of Penal Code 1860.-[Intention]. Ahmad and 3 others v. The State P L D 1971 S C 720 ref: Akhtar Mahmud, Advocate-on-Record for Appellant (in Cr. Appeal No. 21 of 1974) Muhammad Hayat Junejo, Senior Advocate Supreme Court and M.1. Memon, Advocate-on-Record for Respondent No. 1 (in Cr. A. K-21 of 1974) and for Respondent (in Cr. A. K-22 of 1974). Abdus Sattar Shaikh,…

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