| Citation(s) |
|---|
| 1983 SLG 151 1983 SLD 151 1983 SCMR 53 |
Supreme Court of Pakistan
Criminal Appeal No. K 15 of 979, decision dated: 3rd February, 1982.(On appeal from the judgment and order of the High Court of Sin Karachi, dated 20 10 1976 in Cr. A. 172 of 1976)
MUHAMMAD HALEEM, ACTG. C.J., ABDUL KADIR SHEIKH AND ZAFFAR HUSSAIN MIRZA, JJ
A. K. Brohi, Senior Advocate and S. M. Abbas, Advocate on-Record Appellant. M. Hayat Junejo, Senior Advocate and Aziz Dastgir, Advocate on-Record for
Respondent No. 1.
Respondents Nos, 2 and 3 in person. A. Sattar Sheikh, Additional Advocate General, Sind
Criminal Appeal No. K 15 of 979, decision dated: 3rd February, 1982.(On appeal from the judgment and order of the High Court of Sin Karachi, dated 20 10 1976 in Cr. A. 172 of 1976)
MUHAMMAD HALEEM, ACTG. C.J., ABDUL KADIR SHEIKH AND ZAFFAR HUSSAIN MIRZA, JJ
A. K. Brohi, Senior Advocate and S. M. Abbas, Advocate on-Record Appellant. M. Hayat Junejo, Senior Advocate and Aziz Dastgir, Advocate on-Record for
Respondent No. 1.
Respondents Nos, 2 and 3 in person. A. Sattar Sheikh, Additional Advocate General, Sind
MUHAMMAD SALIM
VS
MUHAMMAD ASLAM AND Others
Law:
Section:
(a) Penal Code (XLV of 1860)--- Ss. 304, Part II and 324 Grievous hurt "''With dangerous weapon-¬Appreciation of evidence Nothing on record establishing relationship of prosecution witnesses with deceased and High Court erroneously taking them to be so related and applying rule for corroboration of their evidence Each one of accused taking out weapon and thereby providing evidence of incriminating conduct Such evidence not liable to be lightly .brushed aside in context of fact of their being blood¬stained and recovered with promptness Injuries showing probability of two kinds of sharp weapons having been used Injuries on knee and arm with a chhuri and knife in all probability given while deceased fell to ground and lay subdued Accused leading to production of their crime weapons Showing of common intention established Only one injury proving fatal and such injury caused not on any vital part of body but on knee resulting in severance of femoral artery and consequent loss of blood leading to death Incident being not pre¬meditated but a sudden affair causing injury on knee in heat of moment Could not by itself saddle accused with knowledge of precise a locale of different arteries and veins in limbs of human body so as to lead to only inferential conclusion to kill Other incised injury also not inflicted on any vital part of body Case, held, one of lesser culpability and accused could only be presumed to have intended to cause grievous hurt with a dangerous weapons and therefore guilty of offence under S. 304, part 11 with S. 34 of Penal Code,1860. (b) Penal Code (XLV of 1860) Ss. 302/34 & 323/34 [Murder case] Common intention Accused giving only a danda blow on deceased's brother Cannot be said to have shared common intention to kill deceased Accused would not have spared deceased himself if weight were to be given to prosecution evidence regarding accused having given lalkara and attracted Fact that while grappling went on accused picked up danda and gave a blow to deceased's brother who in meantime intervened More consistent with probability Accused having caused only simple injury convicted under S. 323, Penal Code, 1860. JUDGMENT MUHAMMAD HALEEM, Actg.…
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