Law:

Section:

Penal Code (XLV of 1860)----S.308/34---Constitution of Pakistan (1973), Art.185(3)---No previous enmity existed between the parties---Injuries on the legs of the complainant attributed to the acquitted accused were not supported by medical evidence and the same appeared to have been caused by the other accused with blunt weapons---Acquittal of said accused, therefore, was not open to any exception---Incident had occurred at the spur of the moment when the accused were passing their tractor through the land of the complainant--­Injuries had been caused by "Lathis" and the circumstances showing intention to kill the complainant were not spelt out---Motive in the case was not proved---High Court had rightly altered the conviction of the accused from S.307 P.P.C. to S.308. P.P.C. enhancing the amount of compensation to be paid by the accused to the complainant---Leave to appeal was declined by Supreme Court to the complainant in circumstances. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Leave is sought against the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 4-6-1999, passed in Criminal Appeal No. 174 of 1993 and Criminal Revision No.92 of 1993. 2. Briefly stated the facts of the case are that Muhammad Ashraf complainant while on his way to his house from Adda Badar reached Dhok Ghulam Ali at 7-00 a.m. Respondents Nos. l to 4 appeared at the scene on a tractor being driven by Sher Jang respondent No. 1. Muhammad Hanif, respondent No. 2, was armed with a hatchet whereas Muhammad Ashraf and Muhammad Riaz respondents Nos.3 and 4 were armed with Soties. All the accused-respondents raising Lalkara not to spare the complainant attacked on him. Muhammad Hanif gave first hatchet blow on the head of the complainant, whereas the second blow given by him landed on the finger of his left hand. Muhammad Ashraf and Muhammad Riaz gave soties blows on left thigh and right leg of the complainant and Sher Jang allegedly passed on the tractor over the legs of the complainant who fell down on the ground and his both legs were fractured. Muhammad Khan and Fazal Dad, who were, present in their land, witnessed the complainant lodged the report of the occurrence. 3.…

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