Law:

Section:

(a) Penal Code (XLV of 1860)--­ ----Ss. 302 & 300---Ingredients of offence of murder---Proof---Prosecution in a case of death caused by fire-arm injuries is duty bound to prove that the firing was intentional or voluntary, and also that the firing was prompted by any such intention or knowledge as is mentioned in S.300, P.P.C: ---If either of these ingredients is not proved, the offence committed is not murder. (b) Penal Code (XLV of 1860)--­ ----Ss. 302 & 304-A---Appreciation of evidence---Accused had pulled the trigger of the gun without taking the precaution of seeing that the same was empty which accounted to gross and culpable negligence on his part especially where it was pointed out towards the deceased---Conviction of accused under S.302, P.P.C. was altered to S.304-A, P.P.C. in circumstances with reduction in his sentence of imprisonment for life to the period already undergone by him which was six years. (c) Penal Code (XLV of 1860)--­ ---S.302--"Culpable negligence"---Meaning and import---Culpable negligence is the omission to do something which a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do--To fail to exercise that reasonable and proper care and caution which a person should have taken to guard against injury to the person present nearly is a gross and culpable negligence.--[Words and phrases]. JUDGMENT Appellant Siddique Ahmad was tried for the murder of Shamas-ud-Din and vide his judgment dated 27-2-1990 the learned Additional Sessions Judge, Rahimyar Khan had convicted and sentenced the appellant under section 302, P.P.C. to undergo imprisonment for life and a fine of Rs.20,000 in default whereof to suffer further R.I. for 2 years. The amount of fine, if realized, fifty per cent. of it, was directed to- be paid to the legal heirs of the deceased. Benefit of section 382-B, Cr.P.C. was also extended to the deceased. 2. Briefly the prosecution case is that P.W.1 Allah Wasaya, father of the deceased on 22-1-1986 at 1-20 a.m. (night) at Nishtar Chowk, Sadiqabad made statement Exh. PA before Muhammad Siddique,…

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