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Criminal Miscellaneous No. 1375 of 1963, decided on 31st May 1963.
Ss. 307 & 324‑Injury and its site not necessary ingredients of offence under S. 307 ‑ Accused attacking with open knives but blows landing on non‑vital parts of body‑No ground for quashing charge under S. 307‑Criminal Procedure Code (V of 1898), S. 561‑A.
Criminal Misc. No. 544 of 1961 (unreported) considered.
S. M. Iftikhar Ali for Petitioners.
The petitioners are alleged to have attacked Muhammad Shafi P. W. with knives and caused two injuries on his left and right arms. It is contended that as the injuries are simple, their locale brings the offence of the petitioners under section 324, P. P. C. and not under section 307. Reliance is placed on the judgment of Mr. Justice Anwar‑ul‑Haq in Criminal Miscellaneous No. 544 of 1961, in which there were number of injuries caused with blunt weapons which had resulted in fracture of both the bones of the left and the right legs and dislocation of one of the elbow joints. The details of the incident are not set out in the order. It is, therefore, not possible to deduce any dictum from that judgment, but it is significant that the decision of my learned brothers is based on the concession by the counsel who appeared for the State. Speaking for myself, I cannot agree with the view that if an accused charges the victim with an open knife and succeeds in causing injuries the offence would fall under section 324 P. P. C. if the injury happens to be simple and its locale is not on a vital part of the body. The true position which emerges out is that so far as the intention and knowledge of the accused goes, he no doubt wanted to kill and it is only good fortune of the victim that the blow landed on such part of the body that it could not have resulted in death. The injury is not the necessary ingredient of the offence under section 301, Pakistan Penal Code. It is the doing of an act and that act in the present case was the alleged attack with open knives by the petitioners on Muhammad Shafi P. W. Thus, there is no ground to quash the charge under section 307/34, P. P. C. framed by the trial Magistrate on the material placed before him by the Prosecution so far.
K. B. A. Petition dismissed.
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