Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185(3) read with Penal Code (XLV of 1860), S. 304, Part I-¬Culpable homicide not amounting to r order No previous enmity between deceased and witnesses on one hand and accused on other¬ Minor incident regarding irrigation water for which reason there could be no motive for witnesses to falsely implicate accused petitioner . Leave to appeal against conviction refused. (b) Constitution of Pakistan (1973) Art. 185(3) read with Penal Code (XLV of 1860), S. 304, Part I-¬Conviction for culpable homicide not amounting to murder Accused attributed a stick as his weapon and deceased having simple injuries by blunt weapon Leave to appeal granted to consider question of accused petitioner's liability in commission of offence. ORDER MIAN BURHANUDDIN KHAN, J. These two petitions arise out of the judgment of learned Sessions Judge, Lyallpur dated 24 5 1976 convicting the accused petitioners under section 304, Part I to imprisonment for life and a fine of Rs. 1,000 each or in default to six months' R. 1. for causing the death of Bashir Ahmad. 2. According to the prosecution Bashir Ahmad deceased had an altercation with the accused petitioners over the turn of irrigation water some time prior to the occurrence. On the day of occurrence i,e. 18 7 1974 at 5 p.m, The petitioners attacked the deceased when he was coming from his field, carrying a bundle of fodder on his head. Akbar, petitioner was armed with a spear while lsmail had a stick with him, and after raising lalkara they dealt the deceased blows with their respective weapons, who started running after throwing the bundle of fodder but was overtaken near his house. The spear blows by Akbar, accused caused injuries to the deceased on his abdomen who fell down and then Ismail, accused, gave him stick blows, Ghulam Nabi, P. W. 8, Rahmatullah P. W. 10 and Ismail, P. W. I1 were standing outside the Ihata of cattle belonging to Ghulam Nabi, P. W. 8, reached the spot. Rahmatullah, P. W. 10 tried to intervene but he was also given stick blows by Ismail accused. The deceased was carried to the hospital in injured condition where his statement Exh. P. H. was recorded by Talib Hussain, P.…

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