Law:

Section:

Penal Code (XLV of 1860), S. 300, Thirdly-Single blow with a piece of wood on victim's head-Offence, whether murder or culpable homicide not amounting to murder-Intention-How to find out-No previous enmity between parties-Injury inflicted with­out premeditation-Death sentence not called for. Where a single knife blow, or a blow with a dang, or some such weapon, is given on a vital part of the body, resulting in the death of the victim, it may not be so easy to determine what the intention or knowledge of the offender was in causing the injury and whether in so doing he was guilty of the offence of murder, or that of culpable homicide not amounting to murder. For finding out the intention, or knowledge, of the offender, the only safe method which can be followed is to- look at all the surrounding circumstances, such as, the time and place of the occurrence, the nature of weapon used, the force with which it was wielded, the seat of the injury and the results which ensued. The accused by a single blow, delivered with a piece of wood on the head of his victim broke his skull into 15 pieces thus causing his death. Held; that the offence fell under section 302, P. P. C., though a sentence of death was not called for, there being no enmity between the parties and the blow inflicted being unpremeditated. Pakhar Singh v. Emperor A I R 1948 Lah. 75 end Ghulam v. The Crown P L D 1950 Lah. 90 followed. Hoshnak Singh and another v. The Crown XXIX P L R 265; Sai Muhammad v. Emperor A I R 1934 Lah. 345; Emperor v. Sardarkhan Jaridkhan I L R 41 Bom. 27; Gabbar Pande v. Emperor 106 1 C 433 and Shew Bin v. Emperor 3 Cr. L J 355 distinguished. JUDGMENT MASUD AHMAD, J.-Muhammad Sharif alias Sharif appellant has been convicted under section 302 of the Pakistan Penal Code, for the murder of one `Ghulam Rasool, and has been sentenced to death. He has filed this appeal against his conviction and sentence. The case is also before us under section 374 of the Code of Criminal Procedure, for confirmation of the death sentence. This judgment will dispose of the appeal filed by Muhammad Sharif, as well as the reference Trade by the trial Court, for confirmation of the death sentence. 2.…

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