Law:

Section:

Penal Code (XLV of 1860)------Ss. 364, Part III & 302---Constitution of Pakistan (1973), Art.185(3)--­Appreciation of evidence---Leave to appeal was granted to consider whether the offence fell under S.302, P.P.C. (b) Penal Code (XLV of 1860)--Ss. 304, Part II & 302---Constitution of Pakistan (1.973), Art.185---Appeal to Supreme Court---High Court had recorded conviction under S.304, Part II, P.P.C. on the ground that something untoward had happened prompting accused to give a good beating to deceased on the spur of the moment---Such finding of High Court was not supported by any evidence---Accused had struck deceased with a lethal weapon on a vital part of his body---Injury was sufficient in the ordinary course of nature to cause death and the force with which the same was inflicted could be seen from medical evidence---Accused had, thus, caused such bodily injury to deceased with clear intention of causing death and ingredients of 5.302, P.P.C. had been established---No direct or indirect extenuating circumstance was available warranting conviction under 5.304, Part II, P.P. C.---Conviction of accused under S.304, Part II, P.P.C. was consequently converted to one under S.302, P.P.C. and he was sentenced to imprisonment for life with fine thereunder. Machia v. The State P L D 1976 SC 694 and Emmanuel Bahadur Joseph v. Paul Jackson 1981 S C M R 663 distinguished. Kala v. The State P L D 1983 SC 88 ref. JUDGMENT ABDUL QADEER CHAUDHRY, J.---This appeal by the leave of the Court is directed against the judgment of the High Court dated 28-10-1985. 2. The facts briefly stated are that on 15-4-1981 at about Degarwela, Muhammad Din, complainant, P.W.7, and his son Ghulam Muhammad, deceased went to the mosque to offer Asar prayers. This was after the Asar prayers had actually finished. After offering their prayer, they came out of the mosque and were proceeding to their house. Ghulam Muhammad deceased was about 4/5 Karams ahead of Muhammad Din, complainant, P.W.7. All of a sudden Muhammad Bashir accused armed with the handle of a plough and Mushtaq Ahmad accused armed with a Soti, turned up from the eastern side and addressing Ghulam Muhammad, deceased, raised…

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