Law: Pakistan Penal Code, 1860

Section: 302,304

Penal Code (XLV of 1860),S. 300, 4thly-Accused killing wife on suspicion of intimacy with someone-Multiple injuries with hatchet-Three grievous-Right carotid vessels cut-Offence, murder.Culpable homicide is murder, if the accused knows that his act is so imminently dangerous that it must in all probability cause death, or such bodily injury as is likely to cause death, un�less it is cohered by one of the Exceptions to section 300 Pakistan Penal Code.Where the accused killed his wife on a mere suspicion that she had intimacy with someone or that she had brought about his indisposition by means of some charms, and injuries inflicted with a hatchet were six in number out of which 3 were grievous, death in doctor's opinion being due to shock and bleeding caused by cutting of right carotid vessels.JUDGMENT Khushi Muhammad, aged 35 years, of, Chak No. 10215-L. District Multan was tried on a charge under section 302, Indian Penal Code, for killing his wife Mst. Alain Bibi on 16th July 1948. He was convicted under section 304, Part II, Indian Penal Code, and sentenced to two years' rigor�ous imprisonment. He has appealed from the order of convic�tion and the Provincial Government has appealed from the order of his acquittal on the charge of murder. Both the appeals will be disposed of by this order. The First Information report was made by Jan Muhammad (P. W. i) to Ghulam Muhammad, A. S. I., on 16th July at 12 noon. Jan Muhammad is the husband of Khushi Muhammad's sister and has deposed that he heard an outcry from the house of Khushi Muhammad at about 8 a.m. on the day of occurrence and went there along with Rehmat Ullah, Allah Ditta and some others. They found Alain Bibi lying murdered inside the house and Khushi Muhammad standing beside her with the blood�stained hatchet P. 1, in his hand. Mst. Allah Dai, wife of Jan Muhammad, Suleman and some others were also there. They took away the hatchet from Khushi Muhammad and handed it over to Rehmat Ullah Lamdardar. Jan Muhammad then went and made the report. It was stated by Jan Muhammad in cross-examination that the appellant was ill at the time of the occurrence and said that his indisposition was due…