Law:

Section:

Penal Code (XLV of 1860)----Ss. 302 & 304, Part II--Appeal against acquittal--Sentence, sufficiency of--Sudden fight--Murder after quarrel over trivial matter--Accused acting with cruelty--Accused charged under 5.302, P.P.C.--Acquitted by trial Court--On appeal convicted by High Court under S. 304-I1, P P.C. and sentenced to 7 months imprisonment already undergone-­Appeals against conviction and for enhancement of sentence--Prosecution case based on testimony of three eye-witnesses, recovery of blood-stained crime weapon and medical evidence--Guilt of accused proved beyond doubt--Quarrel being over a trivial matter and accused having acted with cruelty when deceased was empty handed, giving three knife blows on vital part of body--Held, it was clear case of murder under S. 302, P.P.C. and not under S. 304-II, P.P.C.--Since deceased had quarrelled with accused immediately before occurrence, lesser sentence of life imprisonment awarded. Abdul Hafeez Memon, Advocate Supreme Court with Rashid Akhtar Qureshi, Advocate-on-Record and Ansar Hussain with Faizanul Haq, Advocate-on-Record for Appellant. Ansar Hussain, Advocate Supreme Court with Faizanul Haq, Advocate-on-Record and Makhdum Wali, Advocate Supreme Court with Muzaffar Hussain, Advocate-on-Record for Respondents Nos. 1 and 2. Date of hearing: 12th January, 1986. JUDGMENT ASLAM RIAZ HUSSAIN, J.--This judgment will dispose of Criminal Appeal No.53-K of 1983 filed by Mst. Ghulam Sughra (mother of the deceased) against the acquittal of Ahmad Khan accused of the charge under section 302, P.P.C. and for enhancement of his sentence; and (ii) Criminal Appeal No.56-K of 1983 filed by Ahmad Khan against his conviction and sentence. 2. The occurrence in this case took place in the Office of the Superintending Engineer, Irrigation Department, Hyderabad (Sind) at 2.30 p.m. on 11-11-1974, in which Ahmad Khan is said to have stabbed Aijaz Hussain (deceased) to death. The F.I.R. was lodged by Abdur Razzak (P.W.1) (who was employed as an Assistant in the said Office). Ahmad Khan accused was arrested and during the investigation the knife used in the incident was recovered from him. On examination by the Serologist it was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492