[Section 302, PPC, as Law was before Qisas Ordinance]
Course of bullet fired is unpredictable it may take any path on striking a bone or tissue etc. 1997 SCMR 89, Muhammad Ahmed.
All the injuries, 8 in number caused by a stick and individually simple. Death caused by cumulative effect. Husband beating wife without premeditation. Conviction under section 302. Sentence reduced to transportation for life. (SC) 1971 SCMR 364 Ali Asghar.
Cumulative effect of injuries. Injuries with sticks fracturing six ribs. None of the injuries individually sufficient to cause death but death caused due to the cumulative effect of the injuries. Case falls under clause 3rdly of section 300, PPC and conviction of accused under section 302, PPC Held, justified. (SC) 1971 SCMR 766 Muhammad Amin etc.
Single blow. Rule. The rule that when a single blow is given and it is not shown that it was the intention of the accused to cause death, the offence committed by him if the blow results in death of the injured would be culpable homicide not amounting to murder, or grievous hurt, applies only to cases where the assault is committed on a sudden quarrel and without premeditation and not to cases where the assault is premeditated, 33 PLR 546 = 33 Cr. LJ 446 Nawab.
Single knife blow on buttock. 1«" x «" x 4«" deep causing profuse bleeding and death, held offence under section 302, PPC. Location of injury on non-vital part does not take out the offence from the ambit of section 302, PPC when 3rdly of section 300, PPC applicable. (DB) PLJ 1975 Cr. C. (Lah.) 112 Javid PLD 1975 Lah. 682 (SC) = 1976 SCMR 199 Aurangzeb. Contra. 1983 SCMR 1165 = 1983 SCMR 53.
Who was the aggressor not quite clear: Incident sudden. Parties highly inimical. Offence of each participant to be punished on proof of injuries caused by him, there being no proof of constructive liability. (SC) PLD 1965 SC 196 Ghulam Haider.
Who was the aggressor? Leave to appeal granted to determine the fact and also whether the right of private defence was exceeded. PLJ 1997 SC 424, Muhammad Zubair.
Who was the aggressor: Possibility that either the complainant party was the aggressor and the accused acted in self-defence or both the parties coming armed for a test of strength and final show-down over the abduction of a woman. Held, the accused could not be sent to the gallows on the basis of conjectures. Appeal accepted. (DB) 1976 P.Cr.LJ 434 Allah Bakhsh.
Single knife injury on thigh cutting a large blood vessel and causing death. Held offence murder under section 302, P.P.C., death sentence upheld. (SC) 1970 SCMR 313 Muhammad Siddique. Contra see PLD 1974 Pesh. 33 = 1983 SCMR 1165.
2 daggers blows on thigh, held, though thigh is a non-vital part of the body death could be caused by injury even on non-vital part. Held, offence under section 302, P.P.C. and not under section 304 (II). Accused sentenced to death. (DB) PLD 1976 BJ 24 State v. Zahoor etc. 1976 P. Cr.LJ 574.
Injuries, one on thigh and one on hip, with knife, causing death, injuries not on vital part. Held, murder. Death sentence upheld. (SC) 1968 SCMR 781 Akhtar Ali. (DB) Contra PLD 1974 Pesh. 33 Muhammad Arif PLJ 1974 Pesh. 84.
Thigh injury by firearm; death not its direct result. Death caused by gangrene due to cutting of the blood vessel of thigh and possible due to negligent treatment. Held, the case can fall under section 299, PPC only when the death is the direct result of the injury inflicted, not correct, (SC) PLD 1976 SC 377 Tajammal Hussain v. Nasar Mehdi etc. PLJ 1976 SC 249 = (1959) LR 2 QBD 35 Regina v. Smith followed. Overruled AIR 1934 Lah. 368 Chanan Din v. Emp. However, in Regina v. Smith it is held that if the cause of death is not the wound but some other cause overwhelming the first cause that is the wound then the accused is not responsible for death. If the death is the result of the second cause following from the wound, though proper treatment could have prevented death, the accused is guilty of murder.
Shot on the thighs, conviction u/S. 302 PPC restored instead of u/S. 304(II)/34 PPC. Accused had fired with intention to kill. It was by chance that the shots hit the thighs. Injured fell down from the motor-cycle and died on the spot. Sentenced to life imprisonment. 1993 SCMR 236, Muhammad Ali v. Sikandar Hayat etc.
Intention to murder. One leg of the deceased was cut off below the knee. Held, that the victim became unconscious and died within a few hours is strong presumptive proof of the requisite intention of the accused to cause death. (SC) PLD 1976 SC 44 Razia Begum v. Hijrayat Ali etc. PLJ 1976 SC 234.
Only one leg cut below the knee, by two accused with one stroke each. The injured became unconscious and died a few hours later. Held, murder principal accused sentenced to death, the other given life imprisonment under section 302/34. (SC) PLD 1976 SC 4 (Supra).
Injuries on leg with sharp-edged weapon caused by accused. Contention that the accused had no intention to kill as nothing prevented him from striking a blow at the neck of the deceased. An injury on tibia found by doctor to be sufficient to cause death in the ordinary course of nature. Held, culpable homicide amounted to murder. (SC) 1970 SCMR 840 Dilmin etc.
Cutting of leg and arm and sharp weapon injuries on limbs causing death. Held, intention to kill established, offence under section 302, and not under section 304(1), PPC(SC) 1971 SCMR 400 Sikandar.
One grievous head injury with hatchet, victim died after one month. Held, accused guilty under section 302, PPC. (DB) AIR 1915 Lah. 94 Inayat Khan v. Emperor.
Single blow with a piece of wood on head proving fatal. Offence under section 302, PPC. (DB) PLD 1958 Lah. 408 Shareef.
Dang blow on head. There can be no doubt that a person delivering a violent blow with a lethal weapon like a dang blow on the head must be deemed to have intended to cause such bodily injury as he knew was likely to cause death of the victim. AIR 1928 Lah. 93 = 28 Cr. LJ 966 = 26 PLR 363 Preman. 31 Cr. LJ 1069 = AIR 1930 Lah. 490 Sewa Singh. AIR 1932 Lah. 5 = 34 Cr. LJ 184 = 32 PLR 810 Bahawal. AIR 1930 Lah. 154 = 31 Cr. LJ 731 Bhaha Mal.
Lathi blow on head. Because of a quarrel with the deceased the accused struck the deceased on the head with an iron-shod stick, which caused his death. He was convicted of murder. Held, that inasmuch as it was possible that the blow struck by the accused exceeded in violence the injury he had in view at the moment of striking it, the conviction should be altered from murder to culpable homicide not amounting to murder. 26 PLD 430 = 26 Cr. LJ 1118 = AIR 1925 Lah. 559 Ghulam Jilani AIR 1927 Pat. 406 = 28 Cr. LJ 541 Ram Jalaha.
One blow on head with a deadly weapon causing extensive fracture of the skull. Accused held, guilty of murder even if the victim died after a month. (DB) AIR 1935 Lah. 94 Inayat Khan.
Single blow by dang on head fracturing the skull intention to cause death presumed, in view of the force used and the part of the body injured. (SC) 1975 SCMR 500 Khalid etc.
Single hatchet injury on head causing death next day. Injury sufficient to cause death in ordinary course of nature. Offence murder (SC) 1972 SCMR 666 Haider Zaman.
Dagger blow inflicted on vital part of deceased merely on altercation between the accused and the deceased on demand of loan could not bring the offence committed from murder to culpable homicide not amounting to murder. Sentence of life imprisonment restored. 1995 SCMR 1289, Muhammad Ashfaq v. Aijaz.
Injuries not on vital part of the body, offence may still amount to murder. (DB) PLD 1961 Lah. 543 Ahmed Khan.
Injuries not on vital part of body, merciless beating, practically pounding to death. Death sentence, held, proper. (DB) AIR 1938 Lah. 834 Waryam Sher Muhammad v. Emperor.
No vital part of the body hit, prolonged, merciless, and indiscriminate beating of a man who died of shock and haemorrhage. The offence is murder. (DB) 49 Cr. LJ 26 Gurdev Singh etc. v. King.
No injury on vital part. The accused injured the deceased in such a merciless fashion, practically pounding him to death, but no injury was inflicted on any vital part. Held murder. 1911 PR No. 14 = 12 Cr. LJ 597 Kutab Ali 23 Lah. 145 Arjun Singh. 49 PLR 137 = 49 Cr. LJ 26 Gurdev Singh.
Injury not on vital part of the body with a knife but on buttock, does not mean that the accused had no intention to kill. Knife injury on buttock leading to death held, murder. (SC) 1976 SCMR 199 Aurangzeb.
Single knife injury piercing heart. Just because only one injury was inflicted it cannot be said that the accused had no intention to kill. Held, accused guilty of offence u/S. 302, PPC; as there was no premeditation lesser penalty of life imprisonment awarded, 1991 SCMR 2339. Qurban Ali v. Sheroo.
Single knife blow in heart. Sudden quarrel and abuse and in the heat of the moment one blow was struck. Transportation for life instead of death ordered under section 302, PPC. (DB) ILR 16 Lah. 1098 Nand Lal v. Crown.
Single blow in abdomen. No motive to kill. Unpremeditated attack. Held, murder. Death sentence upheld. (SC) PLD 1963 SC 285 Dost Muhammad.
Solitary knife injury does not indicate that the accused had no intention to cause death. Conviction u/S. 302, PPC maintained. NLR 1989 Cr. 348 Waqar Ahmed.
Death by blood poisoning. The direct cause of death was septicemia resulting from multiple injuries. Cumulatively injuries should prove fatal to a normal man, but not necessarily to the deceased who was exceptionally a robust man. The offence held, murder. (DB) 45 Cr. LJ 513 Re Dora 212 IC 12.
Non-availability of blood for transfusion could not save the life of the deceased who died because of injuries. Held, in view of explanation 3 to section 299, PPC the offence committed was murder. 1985 SCMR 985 Muhammad Yousaf.
Injuries causing gangrene and death. 14 injuries including 8 incised. Both legs badly smashed. Death after 11 days. Immediate cause of death was gangrene in right foot and leg because of injury. Held, the accused were guilty of an offence under section 302, P.P.C. AIR 1938 Lah. 41 Lal Singh v. Emperor 39 Cr. LJ 265.
Person inflicting injury resulting in death must be held responsible for disease arising from that injury. Accused cannot be exonerated on the ground that death was not a direct result of gunshot wounds. (D.B) 1996 Cr.C (Q) 1997, Kashif-ur-Rehman.
Injuries causing disease and death. Grievous injuries caused pneumonia and death. Held, offence murder. (DB) (1929) 31 Cr. LJ 198 Nur Muhammad v. Emperor.
Operation necessitated due to injuries. When a wound is inflicted under such circumstances that immediate death would make the accused guilty of murder, he would be liable for murder even if the death ensued from an operation though necessary and performed by competent medical advisers who considered that the wound was dangerous. (1846) 1 Cox 339 Pym v. Queen.
Deceased refusing operation. The liability of the accused will not be less even though the life may have saved but for the refusal of the deceased to submit to surgical operation. (1841) 2 Mood. & R. 451. Holland.
[Section 302, PPC, as Law was before Qisas Ordinance]
Course of bullet fired is unpredictable it may take any path on striking a bone or tissue etc. 1997 SCMR 89, Muhammad Ahmed.
All the injuries, 8 in number caused by a stick and individually simple. Death caused by cumulative effect. Husband beating wife without premeditation. Conviction under section 302. Sentence reduced to transportation for life. (SC) 1971 SCMR 364 Ali Asghar.
Cumulative effect of injuries. Injuries with sticks fracturing six ribs. None of the injuries individually sufficient to cause death but death caused due to the cumulative effect of the injuries. Case falls under clause 3rdly of section 300, PPC and conviction of accused under section 302, PPC Held, justified. (SC) 1971 SCMR 766 Muhammad Amin etc.
Single blow. Rule. The rule that when a single blow is given and it is not shown that it was the intention of the accused to cause death, the offence committed by him if the blow results in death of the injured would be culpable homicide not amounting to murder, or grievous hurt, applies only to cases where the assault is committed on a sudden quarrel and without premeditation and not to cases where the assault is premeditated, 33 PLR 546 = 33 Cr. LJ 446 Nawab.
Single knife blow on buttock. 1«" x «" x 4«" deep causing profuse bleeding and death, held offence under section 302, PPC. Location of injury on non-vital part does not take out the offence from the ambit of section 302, PPC when 3rdly of section 300, PPC applicable. (DB) PLJ 1975 Cr. C. (Lah.) 112 Javid PLD 1975 Lah. 682 (SC) = 1976 SCMR 199 Aurangzeb. Contra. 1983 SCMR 1165 = 1983 SCMR 53.
Who was the aggressor not quite clear: Incident sudden. Parties highly inimical. Offence of each participant to be punished on proof of injuries caused by him, there being no proof of constructive liability. (SC) PLD 1965 SC 196 Ghulam Haider.
Who was the aggressor? Leave to appeal granted to determine the fact and also whether the right of private defence was exceeded. PLJ 1997 SC 424, Muhammad Zubair.
Who was the aggressor: Possibility that either the complainant party was the aggressor and the accused acted in self-defence or both the parties coming armed for a test of strength and final show-down over the abduction of a woman. Held, the accused could not be sent to the gallows on the basis of conjectures. Appeal accepted. (DB) 1976 P.Cr.LJ 434 Allah Bakhsh.
Single knife injury on thigh cutting a large blood vessel and causing death. Held offence murder under section 302, P.P.C., death sentence upheld. (SC) 1970 SCMR 313 Muhammad Siddique. Contra see PLD 1974 Pesh. 33 = 1983 SCMR 1165.
2 daggers blows on thigh, held, though thigh is a non-vital part of the body death could be caused by injury even on non-vital part. Held, offence under section 302, P.P.C. and not under section 304 (II). Accused sentenced to death. (DB) PLD 1976 BJ 24 State v. Zahoor etc. 1976 P. Cr.LJ 574.
Injuries, one on thigh and one on hip, with knife, causing death, injuries not on vital part. Held, murder. Death sentence upheld. (SC) 1968 SCMR 781 Akhtar Ali. (DB) Contra PLD 1974 Pesh. 33 Muhammad Arif PLJ 1974 Pesh. 84.
Thigh injury by firearm; death not its direct result. Death caused by gangrene due to cutting of the blood vessel of thigh and possible due to negligent treatment. Held, the case can fall under section 299, PPC only when the death is the direct result of the injury inflicted, not correct, (SC) PLD 1976 SC 377 Tajammal Hussain v. Nasar Mehdi etc. PLJ 1976 SC 249 = (1959) LR 2 QBD 35 Regina v. Smith followed. Overruled AIR 1934 Lah. 368 Chanan Din v. Emp. However, in Regina v. Smith it is held that if the cause of death is not the wound but some other cause overwhelming the first cause that is the wound then the accused is not responsible for death. If the death is the result of the second cause following from the wound, though proper treatment could have prevented death, the accused is guilty of murder.
Shot on the thighs, conviction u/S. 302 PPC restored instead of u/S. 304(II)/34 PPC. Accused had fired with intention to kill. It was by chance that the shots hit the thighs. Injured fell down from the motor-cycle and died on the spot. Sentenced to life imprisonment. 1993 SCMR 236, Muhammad Ali v. Sikandar Hayat etc.
Intention to murder. One leg of the deceased was cut off below the knee. Held, that the victim became unconscious and died within a few hours is strong presumptive proof of the requisite intention of the accused to cause death. (SC) PLD 1976 SC 44 Razia Begum v. Hijrayat Ali etc. PLJ 1976 SC 234.
Only one leg cut below the knee, by two accused with one stroke each. The injured became unconscious and died a few hours later. Held, murder principal accused sentenced to death, the other given life imprisonment under section 302/34. (SC) PLD 1976 SC 4 (Supra).
Injuries on leg with sharp-edged weapon caused by accused. Contention that the accused had no intention to kill as nothing prevented him from striking a blow at the neck of the deceased. An injury on tibia found by doctor to be sufficient to cause death in the ordinary course of nature. Held, culpable homicide amounted to murder. (SC) 1970 SCMR 840 Dilmin etc.
Cutting of leg and arm and sharp weapon injuries on limbs causing death. Held, intention to kill established, offence under section 302, and not under section 304(1), PPC(SC) 1971 SCMR 400 Sikandar.
One grievous head injury with hatchet, victim died after one month. Held, accused guilty under section 302, PPC. (DB) AIR 1915 Lah. 94 Inayat Khan v. Emperor.
Single blow with a piece of wood on head proving fatal. Offence under section 302, PPC. (DB) PLD 1958 Lah. 408 Shareef.
Dang blow on head. There can be no doubt that a person delivering a violent blow with a lethal weapon like a dang blow on the head must be deemed to have intended to cause such bodily injury as he knew was likely to cause death of the victim. AIR 1928 Lah. 93 = 28 Cr. LJ 966 = 26 PLR 363 Preman. 31 Cr. LJ 1069 = AIR 1930 Lah. 490 Sewa Singh. AIR 1932 Lah. 5 = 34 Cr. LJ 184 = 32 PLR 810 Bahawal. AIR 1930 Lah. 154 = 31 Cr. LJ 731 Bhaha Mal.
Lathi blow on head. Because of a quarrel with the deceased the accused struck the deceased on the head with an iron-shod stick, which caused his death. He was convicted of murder. Held, that inasmuch as it was possible that the blow struck by the accused exceeded in violence the injury he had in view at the moment of striking it, the conviction should be altered from murder to culpable homicide not amounting to murder. 26 PLD 430 = 26 Cr. LJ 1118 = AIR 1925 Lah. 559 Ghulam Jilani AIR 1927 Pat. 406 = 28 Cr. LJ 541 Ram Jalaha.
One blow on head with a deadly weapon causing extensive fracture of the skull. Accused held, guilty of murder even if the victim died after a month. (DB) AIR 1935 Lah. 94 Inayat Khan.
Single blow by dang on head fracturing the skull intention to cause death presumed, in view of the force used and the part of the body injured. (SC) 1975 SCMR 500 Khalid etc.
Single hatchet injury on head causing death next day. Injury sufficient to cause death in ordinary course of nature. Offence murder (SC) 1972 SCMR 666 Haider Zaman.
Dagger blow inflicted on vital part of deceased merely on altercation between the accused and the deceased on demand of loan could not bring the offence committed from murder to culpable homicide not amounting to murder. Sentence of life imprisonment restored. 1995 SCMR 1289, Muhammad Ashfaq v. Aijaz.
Injuries not on vital part of the body, offence may still amount to murder. (DB) PLD 1961 Lah. 543 Ahmed Khan.
Injuries not on vital part of body, merciless beating, practically pounding to death. Death sentence, held, proper. (DB) AIR 1938 Lah. 834 Waryam Sher Muhammad v. Emperor.
No vital part of the body hit, prolonged, merciless, and indiscriminate beating of a man who died of shock and haemorrhage. The offence is murder. (DB) 49 Cr. LJ 26 Gurdev Singh etc. v. King.
No injury on vital part. The accused injured the deceased in such a merciless fashion, practically pounding him to death, but no injury was inflicted on any vital part. Held murder. 1911 PR No. 14 = 12 Cr. LJ 597 Kutab Ali 23 Lah. 145 Arjun Singh. 49 PLR 137 = 49 Cr. LJ 26 Gurdev Singh.
Injury not on vital part of the body with a knife but on buttock, does not mean that the accused had no intention to kill. Knife injury on buttock leading to death held, murder. (SC) 1976 SCMR 199 Aurangzeb.
Single knife injury piercing heart. Just because only one injury was inflicted it cannot be said that the accused had no intention to kill. Held, accused guilty of offence u/S. 302, PPC; as there was no premeditation lesser penalty of life imprisonment awarded, 1991 SCMR 2339. Qurban Ali v. Sheroo.
Single knife blow in heart. Sudden quarrel and abuse and in the heat of the moment one blow was struck. Transportation for life instead of death ordered under section 302, PPC. (DB) ILR 16 Lah. 1098 Nand Lal v. Crown.
Single blow in abdomen. No motive to kill. Unpremeditated attack. Held, murder. Death sentence upheld. (SC) PLD 1963 SC 285 Dost Muhammad.
Solitary knife injury does not indicate that the accused had no intention to cause death. Conviction u/S. 302, PPC maintained. NLR 1989 Cr. 348 Waqar Ahmed.
Death by blood poisoning. The direct cause of death was septicemia resulting from multiple injuries. Cumulatively injuries should prove fatal to a normal man, but not necessarily to the deceased who was exceptionally a robust man. The offence held, murder. (DB) 45 Cr. LJ 513 Re Dora 212 IC 12.
Non-availability of blood for transfusion could not save the life of the deceased who died because of injuries. Held, in view of explanation 3 to section 299, PPC the offence committed was murder. 1985 SCMR 985 Muhammad Yousaf.
Injuries causing gangrene and death. 14 injuries including 8 incised. Both legs badly smashed. Death after 11 days. Immediate cause of death was gangrene in right foot and leg because of injury. Held, the accused were guilty of an offence under section 302, P.P.C. AIR 1938 Lah. 41 Lal Singh v. Emperor 39 Cr. LJ 265.
Person inflicting injury resulting in death must be held responsible for disease arising from that injury. Accused cannot be exonerated on the ground that death was not a direct result of gunshot wounds. (D.B) 1996 Cr.C (Q) 1997, Kashif-ur-Rehman.
Injuries causing disease and death. Grievous injuries caused pneumonia and death. Held, offence murder. (DB) (1929) 31 Cr. LJ 198 Nur Muhammad v. Emperor.
Operation necessitated due to injuries. When a wound is inflicted under such circumstances that immediate death would make the accused guilty of murder, he would be liable for murder even if the death ensued from an operation though necessary and performed by competent medical advisers who considered that the wound was dangerous. (1846) 1 Cox 339 Pym v. Queen.
Deceased refusing operation. The liability of the accused will not be less even though the life may have saved but for the refusal of the deceased to submit to surgical operation. (1841) 2 Mood. & R. 451. Holland.