Find a Lawyer

Criminal Petition for Special Leave to Appeal No. 324 of 1978, decided on 7th May, 1980.

(Appeal against the judgment and order dated 7‑6‑1978 Of the 'Lahore High Court in Criminal Appeal No. 86 of 1977)

‑‑‑ Ss. 326 & 304 (I)‑‑Culpable homicide not amounting to murder Person causing knife injury or left side of victim's heart‑‑Can reason ably be presumed to know injury likely to result in death and to intend consequences of his act.

Muhammad Feroze v. Muhammad Arif and another 1976 S C M It 497 and Masudul Hasan v. State P L D 1978 Kar. 560 distinguished.

Shahid Hussain Qadri, Advocate Supreme Court and M: Aslam Chowdhry, Advocate‑on‑Record for Petitioner.

Nemo for the State

Date of hearing: 7th May, 1980

‑Ghulam Abbas, petitioner, was tried for the murder of Muhammad Ibrahim and was convicted by the learned Sessions Judge, Sahiwal of offence under section 304‑1, P. P. C. for which Ire was sentenced to imprisonment for life and a fine of Rs. 2,000 and in default of payment of fine, he was ordered to undergo another 8 months' R. I. His appeal was dismissed by the High Court. Hence, the present petition.

The facts of the prosecution case are briefly that at about 6‑30 p.m. on 7.11‑1975 Muhammad Ibrahim, deceased son of Fateh Muhammad complainant reprimanded and abused the petitioner for singing an obsene song near their house. The accused flared up, whipped out a knife and stabbed the deceased on the left side of his chest piercing the heart. The deceased fell down and died at the spot and Ghulam Abbas petitioner ran away.

3. The learned counsel for the petitioner, submitted that the petitioner did not deny the prosecution version. He, however, urged that the facts alleged by the prosecution only make up an offence under section 326 and not under section 304‑I, P. P. C. In support of this contention and he relied a Muhammad Feroze v. Muhammad Arif arid another (19 76 S C M R 497) Maudul Hasan v. State () P L D 1978 Kar. 360). Both the above‑noted cases are distinguish able inasmuch as injuries in both these cases were on the thigh and the accused in those cases could not be said to have the intention to kill. It is also possible that he might not have had the knowledge that death is likely to occur as a result of the injury on the thigh. In the present case the injury was on the left side of the heart. Any one giving a knife blow at that part of the body, can reasonably be presumed to know that the injury would result in death, and he is, therefore, presumed to intend the conse quences of his act. As such there is no force in this contention. The petition is therefore dismissed as being without merit.

Petition dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.