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Petition for Special Leave to Appeal No. 169 of 1967, decided on 4th October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th April'1967, in Criminal Appeal No. 257 of 1964).
S. 302‑Murder‑Exchange of hot words between deceased and his uncle‑‑Uncle felling down deceased on ground‑Accused, a relation, whipping out knife and stabbing deceased first on chest, next on abdomen‑Accused, held, had no justification in stabbing deceased on vulnerable parts of body and nature of injuries was clearly indicative of intention to kill Petition for special leave to appeal dismissed‑Constitution of Pakistan (1962), Art. 58(3):
Amjad Hussain, Advocate Supreme Court instructed by Abdul Karim, Attorney for Petitioner.
Nemo for the State.
Date of hearing; 4th October 1967.
‑The petitioner Zamir Ahmad stands convicted under section 302, P. P. C. and sentenced to trans portation for life for the murder of one, Fazal Ilahi. The incident took place on the morning of 3rd March 1963, at Sabzi Mandi outside the gate of Main Bazar, Phularwan Mandi. When Fazal Ilahi was going to his house, he saw his uncle Lazim Ali and his relation Zamir Ahmad, standing there. Fazal Ilahi and Lazim Din exchanged hot words and then the latter caught hold of the former and felled him on the ground and thereupon Zamir. Ahmad whipped out a knife and stabbed him as twice, first on the right side of his chest and then on his abdomen. The injured succumbed to his injuries in the Hospital. Ocular evidence was given by a number of person: who have shops in the bazar. In, view of the evidence of the disinterested witnesses the learned Counsel has found it difficult to challenge the findings of the Courts below that this petitioner was responsible for the death of Fazal Ilahi. He has however contended that as this wag not a pre‑meditated murder, the petitioner should have been convicted under section 304, Part I, P. P. C. We are unable to accept this contention. The deceased exchanged hot words with his uncle and as such this petitioner bad no justification in stabbing the deceased on vulnerable parts of his body. The nature of the injuries clearly indicates that he intended to kill the deceased, We are, therefore, of the opinion that he has been rightly convicted under section 302, P. P. C.
This petition is accordingly dismissed.
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