Law: Pakistan Penal Code, 1860

Section: 302,34,323,300(4)

Penal Code (XLV of 1860)S. 300, Exception (4)---Attack by three assailants-Victim single-handed and unarmed One of the assailants striking with sharp-edged weapon going right through body-Death-Attack cruel and caused in unusual manner-Exception not applicable.The offence may be unpremeditated and may also have been committed in a sudden quarrel, but an attack by three assailants on a single-handed unarmed victim in which one of the assailants struck the victim with a sharp-edged weapon which went right through his body and caused his death, was cruel and unusual in the circumstances of the case.JUDGMENT MUHAMMAD JAN, J.---Jalal appellant was tried by the learned Sessions Judge, Sialkot, with Bahawal and Ali Muhammad, on a charge under section 302 read with section 34, Indian Penal Code. They were alleged to have made a concerted attack on Allah Ditta in village Garha Khurd on the, 13th April 1947. The relations between Allah Ditta and Jalal appear to have been strained. In the month of August 1946, Jalal accused had made an encroachment on the laud of Allah Ditta and in February or March 1947 Allah Ditta had stolen some wood belonging to Jalal. Bahawal accused is a cousin of Jalal and Ali Muhammad is his nephew. On the 13th April 1947, at about Chhawela Allah Ditta was returning from his field to his house when his buffalo strayed into the field of Ali Muhammad accused. Allah Ditta went after the buffalo to bring it out. Ali Muhammad abused Allah Ditta who, in return, abused Ali Muhammad. Thereupon Ali Muhammad's uncle Bahawal accused came with a pitch-fork followed Jalal accused, who had a sickle. Bahawal struck Allah Ditta on the head with the pitchfork and Ali Muhammad struck him on the head with a dang. Jalal in�flicted a blow with the sickle on the: back of Allah Ditta. The sickle pierced the chest cavity and came out in the front. Shah Muhammad, Rehmat; Nawab and LAI arrived and the accused disappeared. Allah Ditta was taken to the hospital where Dr. Abdur Rashid (P. W. 1), on examining him, found his condi�tion to be serious and sent the ruqqa, Exh. P. F. to the Sub. Inspector of Police, Daska Police Station, telling him that Allah Ditta bad…