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KHUSHI MUHAMMAD versus MUHAMMAD JAMIL


Sections 304, Part I, 324 and 300, exception 4? Constitution of Pakistan (1973), Article 185 (3)? From 4 to 300, the penal code applied in this case when there was no material on record to support the assumption that there had been a "fight" between the parties, which took exception to exceptions 4 to 5, the Code of Conduct. Is an essential prerequisite for the application of Even if exception 4 was applied, the accused could not be given the benefit of conviction under Section 324, the Code of Conduct, whereas in this case his offense would have been under Section 308, the Constitutional Code.

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