[Old Sections 326 & 325, PPC (334, 335, PPC)]
Fracture or cut of the bone. Where there is evidence that a bone has been cut but there is nothing whatever to indicate the extent of the cut, whether deeper or mere scratch upon the surface, it is not correct to infer from that evidence alone that grievous hurt has been caused. Bone should be cut through and through to make it grievous. AIR 1942 Pat. 376 Muktadhir Singh v. Crown. PLD 1961 Lah. 506. Asmatullah; 1970 P. Cr. LJ 674 Naseem.
Sec. 325, PPC applies when eyes gauged with a piece of brick, and not by any dangerous weapon, held, offence u/S. 325, and not under section 326, PPC. Sentence 7 years' R.I. and fine of Rs. 25,000/- 1988 SCMR 601. Ali Nawaz etc.
Grievous injury by dang or sota when likely to cause death, the offence falls u/S. 326, and not u/S. 325, PPC. 1986 SCMR 842 Allah Rakha etc. distinguished. NLR 1989 Cr. 4 Ghulam Farid.
Injury to nerve by itself is not grievous hurt (DB) PLD 1960 Lah. 62 Abdul Latif.
Hospitalisation. The mere fact that a man has been in hospital for 20 days is not sufficient. It must be proved that during that time he was unable to follow his ordinary pursuits (to establish that it is a grievous hurt). ILR 19 Bom. 247 Vasta Chela v. Emperor.
When death not caused by injuries, deceased dying after 13 days. Conviction u/S. 302/34, PPC altered to u/S. 326/34, PPC. (DB) PLJ 1985 Cr.C. (Lah.) 521. Muhammad Anwar etc. NLR 1985 Cr. 616.
Grievous hurt, after stay in hospital for 33 days. Simply remaining in hospital for 33 days does not make the injury grievous unless a statement to the effect that the injured was unable to follow his ordinary pursuits or such statement is confirmed by a doctor. PLJ 1981 Cr.C.(Kar.) 551 Abdul Rashid.
Intention to cause death not clear. Presence of requisite knowledge or intention under section 300, PPC not clear. Conviction under section 302 altered to section 326, PPC. (SC) 1969 P.Cr.LJ 1233 Darya Khan v. Crown.
Bone cut. No evidence to show the extent of the cut, whether a mere scratch on the surface or deep; it cannot be inferred from this evidence alone that grievous hurt has been caused. (DB) 43 Cr. LJ 511 Mutuk Dhari Singh.
Injuries simple or grievous, doctor is not required to decide. Injuries not within purview of section 320 (eighthly) conviction under section 326 altered to 324, PPC. PLJ 1975 Cr.C. (Pesh.) 583 Sohrab.
Firearm injury not sufficient to cause death in the ordinary course of nature but death caused due to the negligence of the doctor who removed pellets. Held, offence under section 326, PPC and not section 302, PPC (DB) PLJ 1974 Cr.C. (BJ) 434 Talib Ali.
No connection between injury and disease. Injuries not necessarily sufficient to cause death in ordinary course of nature. Death due to meningitis and compression of brain. No direct connection between meningitis and injuries proved. Offence under section 326, PPC and not under section 302, PPC. (DB) AIR 1934 Lah. 368 Chanan Din v. Emperor. Also see PLD 1976 SC 377.
Single injury on thigh with a dagger, without premeditation, cutting femoral artery. Victim dying of shock and excessive bleeding. A layman cannot be saddled with a knowledge that he knew the location of arteries in a leg. Held, offence not culpable homicide but under section 326, PPC. (SC) 1976 SCMR 497 Muhammad Feroz v. Muhammad Arif etc. (DB) PLD 1977 Kar. 1 Hadi Bux.
Injuries on thigh causing death: Held, offence u/S. 326, PPC and not u/S. 302, PPC. (DB) NLR 1985 Cr. 627. Muhammad Saleem.
Knife blow on thigh cutting femoral artery causing death. Held, offence under section 326, PPC and not under section 302, PPC. Death sentence reduced to 10 years' R.I. (DB) PLJ 1985 Cr.C. (Lah.) 443 Muhammad Saleem.
Single knife stab in abdomen. Death caused by peritonitis. Whether as a result of wound not clear? Case under section 326,PPC and not under section 302. PPC (SC) 1968 SCMR 1368 Muhammad Rahim v. Kajeerullah etc.
Single knife injury on fore-arm causing death. Accused causing solitary injury on the fore-arm of deceased with knife and then abstaining from repeating his attack. Case falls under section 326, PPC and not under section 302 or 299, i.e. 304(I) or (II). Sentenced to 5 years' R.I. (DB) 1969 P.Cr. LJ 77 Addl. A.G. v. Muhammad Siddiq. PLD 1969 Kar. 162.
Injury on thigh of deceased. Accused caused dagger injury to the deceased on thigh, Held, he could not be presumed to have had the intention to kill or the knowledge that the injury was likely to cause death. Offence fell under section 326, P.P.C. Sentence 2 years' R.I. (DB) PLD 1974 Pesh. 33. Muhammad Arif. AIR 1970 Mad. 47 ref. PLD 1974 Pesh. 84. (DB); PLD 1978 Kar. 560 Masood Hassan.
Offence under section 302 changed to section 326, P.P.C. Accused in chance meeting, on exchange of abuses on the spur of the moment inflicting injuries on deceased's hand and thigh and not repeating attack. Held, no intention to kill, conviction altered from section 302 to 326, P.P.C (DB) 1974 P.Cr.LJ 567 Feroze Mushke.
Intention to cause grievous hurt only. Blow on head given by absconding accused only, with chhuri fracturing the skull. Accused aged 62 and 60 years. Accused held, guilty under section 326.34, P.P.C. only and awarded 5 years' R.I. each. (DB) AIR 1935 Lah. 97 Thakar Singh etc.
304 and 325, P.P.C. Deceased dying of shock and haemorrhage due to fractures caused by blunt weapons. Fractures neither on vital part of the body nor individually sufficient to cause death, but so sufficient collectively. Attribution of any particular injury to any assailant or of common intention of assailants to cause such injury which they knew to be likely to result in death not possible. Conviction under section 304/34 altered to 325/34, P.P.C. 1975 P.Cr.LJ 941, Dil Muhammad etc
325 or 302, P.P.C. No previous enmity between parties. Accused giving one lathi blow on head of deceased as a result of altercation. Conviction altered from 302 to 325, P.P.C. and sentence reduced to 5 years' R.I. (DB) PLD 1980 Kar. 246 Devraj.
325, PPC and not 302, PPC. Accused had no motive to kill nor they were armed with any lethal weapon. Accused felled the deceased on the ground resulting in dislocation of 6th cervical verebra causing death after 8 months. Conviction altered from section 302 to 325, PPC. PLJ 1981 Cr. C. (Lah.) 228 Falak Sher.
Deceased died of kicks and fist blows, held, no offence u/S. 302, PPC or 302, PPC made out. Conviction altered from 302, PPC to 325, PPC. (DB) PLJ 1991 Cr. C. (Lah.) 301. Gharib Alam.
Murder or grievous hurt; 302 or 325? Motive inadequate showing not intention to kill majority of injuries inflicted were slight. Held, the accused neither intended nor knew that they were likely to cause death. Conviction u/S. 325, PPC instead of death awarded. AIR 1926 Lah. 419 Dial Singh.
Injuries without intention to kill, inflicted to deceased without premeditation with a wooden phatti. Held, offence u/S. 325, and not u/S. 302, PPC. PLJ 1982 Cr.C. (Kar.) 147 Ghulam Rasul.
Stone thrown at buffalo but accidentally hitting the deceased and killing him. Trial Court convicting appellant u/S. 325, PPC but High Court acquitting him u/S. 80, PPC. PLJ 1988 Cr.C. (Lah.) 479 Abdul Karim. PLD 1988 Lah 581.
No intention to cause death, nor the act likely to cause death. Solitary injury after heated arguments in sudden quarrel resulting in death after 3 months. Conviction altered from 302 to 325, PPC and sentence reduced from life imprisonment to 5 years & 10 months. (DB) PLJ 1980 Cr.C. (Kar.) 472 Loung. 7 years in (DB) PLJ 1980 Cr.C. (Kar.) 478 Faiz Muhammad.
Whether Sec. 302/34, or 326/34, PPC. The accused did not cause any injury on any vital part of the body of the deceased though the deceased was lying helpless before them which shows that there was no intention to murder but only to cause grievous hurt. Conviction altered from 302 to 326, PPC reducing sentence from life imprisonment to 7 years' R.I. with benefit u/S. 382-B, Cr.P.C. NLR 1986 Cr. 701 Hassan.
No premeditation and the accused resisted the ploughing of the field and if the complainant party had not insisted the occurrence could have been averted. Held, alteration of conviction from 302, to 325/34, PPC justified, as there was no intention to kill. 1985 SCMR 1493. Mst. Zohra Khatoon v. Mehr Khan.
Intention to cause grievous hurt but not death with a brick. Conviction u/S. 325, PPC & not u/S. 302 held proper. PLJ 1982 Cr. C. (Kar.) 151. Hussain.
Blow in retaliation. Accused in retaliating attack giving a blow on the head of the deceased with a handle of a hatchet. Conviction altered from one under section 304(i) to 325, PPC. PLJ 1977 Lah. 539 Bashir etc.
Intention to "teach lesson". The intention of the accused was only to "teach lesson" and not to cause death. Even though death is caused by the act the offence committed is under section 325, PPC and not section 302, Sentenced to 7 years' R.I. under section 325, PPC. (DB) PLD 1965 Lah. 378 Anwar etc.
Intention to cause grievous hurt. Common intention of assailants to cause grievous hurt with blunt weapons. Fatal injury on head of deceased caused by A one of the assailants. Death due to head injury caused by A and also due to rupture of spleen on account of beating giving by other assailants. Held, A's liability is not greater than others'. A's conviction altered from section 302 to 325, PPC. Sentenced to 7 years' R.I. as leader of the gang. (SC) 1969 SCMR 641 Pehlwan v. Crown. 1969 P.Cr.LJ 1247.
Spleen or heart enlarged. Death caused by kicks, hand of stick blows by rupture of diseased spleen or enlarged heart, the accused not knowing the fact of disease. Offence under section 325, PPC. (DB) ILR 2 All. 766 O'Brian v. Emperor. ILR 3 All. 776 Idu Beg v. Crown; 19 Cr. LJ 319 Ismail v. Crown and 34 Cr.LJ 99 Bharat Singh v. Emperor.
Ruptured spleen. Death due to head injury as well as ruptured spleen. Held, offence under section 325, PPC proper, (SC) 1969 SCMR 641 Pehlwan v. Crown.
Aggravation of injuries by application of local medicines. Injury not normally sufficient to cause death in the ordinary course of nature. Offence altered from 302, PPC to 325, PPC. (DB) PLJ 1975 Cr.C. (Kar.) 513 Ghulam Ghaus.
Single blunt weapon injury. Deceased sustaining one injury inflicted with blunt side of weapon. Held, accused could not be burdened with intention to kill the deceased. Accused guilty of causing grievous injury under section 325, PPC (SC) PLD 1971 SC 720 Ahmed etc.
Grievous injury by dang, sota or soti which is likely to cause death falls u/S. 326, PPC and not 325, PPC. Bail refused. NLR 1985 Cr. 748 Ghallo.
Grievous injury by dang attracts offence u/S. 26, PPC and not 325, PPC. PLJ 1986 Cr.C. (Lah.) 139 Guloo. Grievous hurt by blunt weapon attracts section 325, PPC and not section 326, PPC. 1986 SCMR 842, Allah Rakha etc. Overruled Nazir Hussain v. State PLJ 1986 Cr.C. (Lah.) 120.
Biting by teeth on the tip of nose attracts offence u/S. 325, PPC, and not u/S. 326, PPC, sentence reduced to 3 months' R.I. from 7 years' R.I. PLJ 1986 Cr.C. (Lah.) 63 Sattar.
Single hockey stick blow on back of head. Deceased dying next day. No intention to kill. Sudden impulse to hit to even previous days' beating by the deceased. Accused 18 years old. Sentenced to 3 years' R.I. under section 325, PPC. (DB) AIR 1925 Lah. 559 Ghulam Jilani v. Emperor.
Single blow with iron pipe on head at the spur of the moment, with no motive to kill, causing death, held, offence under section 325, PC and not under section 302, PPC, 5 years' R.I. instead of life imprisonment held, proper. (DB) 1975 P.Cr.LJ 264 Muhammad Haroon Rashid etc.
No injury individually or collectively sufficient to cause death in ordinary course of nature. Held, offence committed not culpable homicide but one of grievous hurts. Conviction altered from 302, PPC to 325, PPC and sentenced to 4 years' R.I. each. 1975 P.Cr.LJ 338 Muhammad Ali etc.
Jafa; body cavity means an area from shoulder upto lower part of pelvis wherein vital organs are located. If an injury penetrates into the body cavity and then enters that part of the body where in vital organs are located. PLD 1998 La. 84, Pervazi Khan.