[304-II OLD PPC]
A loaded rifle went off accidentally killing a police constable, held as there was no intention to kill but it was an accident. Appeal allowed. PLJ 1996 Cr.C (Kar) 302, Ali Muhammad.
Nature of injury. Injury according to medical evidence revealing chance of survival. Death due to the infection of the wound not attributed to injury alone. Appellant giving only one blow and not trying to give another. Held, no intention to kill. Offence fell under section 304 (II) and not under section 302, PPC. 1975 P.Cr.LJ 918 Muhammad Hanif.
Where doctor who conducted autopsy opined that the injuries on the deceased were not sufficient to cause death in the ordinary course of nature and the deceased left the hospital against the medical advice, the conviction was altered from 302 PPC to u/S. 304(II) PPC. (DB) PLD 1993 Lah. 293, Mazhar Masood = PLJ 1993 Cr.C. (Lah.) 424.
Grave and sudden provocation not established by husband. No witness present when attack started. Clear indication present that the accused had been given serious provocation. Death sentence reduced to life imprisonment. (SC) NIR 1982 Cr. 6 Muhammad Ashraf.
Solitary sickle blow, no intention to kill to vindicate family honour; death sentence reduced to 10 years' R.I. u/S. 304(II), PPC. NLR 1981 Cr. 375 Muhammad Fayaz.
All injuries individually simple by blunt weapon on non-vital part of body, in a sudden quarrel over watering of field, held offence u/S. 304(II), PPC. Sentenced to 5 years' R.I. PLJ 1987 Cr.C. (Lah.) 351. Sultan Mahmood.
No intention to kill or to have the knowledge that the injuries caused would prove fatal, held, the offence falls u/S. 325 PPC (old) Sentence reduced to 7 years R.I. PLJ 1996 S.C. 481, Khadam Hussain Vs. Javed Sarwar etc.
No intention to murder. Appellant on sudden altercation over return of money feeling insulted by deceased's behaviour and giving single blow on his head without any malice. Medical opinion not certain if the injury was sufficient in the ordinary course of nature to cause death. Conviction altered from 302 to 304 (II). Sentence 7 years' R.I. (DB) 1975 P.Cr.LJ 1121 Mahiwal (DB) 1978 P.Cr.LJ 534. Jumma Khan.
Fatal injury on front lower part of left upper arm, held, presumption would be that the appellant did not intend the death but had knowledge that death may be caused by such act. Conviction altered from 302, PPC to 304 (II), PC and sentenced to 10 years' R.I. NLR 1987 Cr. 419 Jahangir.
Throttling a man in heat of moment in order to escape him when surprised by him in his house. The accused having gone there to pursue illicit affair. Held, offence under section 304(2), PPC and not under section 302. (DB) PLJ 1977 Kar. 564, Muhammad Lund.
Injury on vital part, (liver,) held, the accused could not be saddled with knowledge that the blow was likely to result in death. There was of intention to kill. Held, offence under section 304(II). Sentence 7 years' R.I. (DB) 1975 P.Cr.LJ 596 Abbas.
4 Razor injuries on non-vital parts of body. Injured died after 5 days. Post mortem report indicating death due to infection resulting into gas, gangrene and septicemia. Death was not direct result of injury. Held, offence u/S.304(ii) PPC. Sentence of 10 years and fine maintained. PLJ 1995 S.C. 438, Qurban Hussain v. Atta Muhammad.
Accused not inflicting dagger blows on vital part of the body when the deceased was completely at his mercy indicated no intention to kill, conviction altered from 302, PPC to u/S. 304(II), PPC and sentenced to 10 years' R.I. NLR 1988 Cr. 161 Haroon-ur-Rashid.
All simple injuries but numerous causing death. Offence under section 304(II) sentence 10 years' R.I. AIR 1925 Lah. 621(2) Beli etc. v. King Emperor. (DB) 1970 P.Cr.LJ 696 Ghaffar. Contra 1971 SCMR 364 Asghar.
Single knife blow on left side of chest proving fatal, given by accused to release himself from the deceased who was sitting on his chest and holding him by the neck. Intention to cause death or bodily injury likely to cause death not proved. Offence under section 304(II). Sentence reduced to 5 years' R.I. (DB) 1973 P.Cr.LJ 127 Muhammad Ismail.
Stray shot hitting and killing. Sec. 304(II) PPC. Prosecution evidence itself showed that the members of marriage party were indulging in indiscriminate firing and possibility of a stray shot thus fired having hit the deceased could not be ruled out. Prosecution held, failed to prove that the shot was fired from the gun recovered from the accused. Accused acquitted. 1994 P.Cr.LJ 555, Muhammad Yousaf.
Injury caused on left side of chest with churri, held, is no proof that the accused intended to cause death. Conviction u/S. 304(II), PPC maintained and sentence of 7 years' R.I. not enhanced as the accused had inflicted only one injury and he had not acted in cruel manner and there was no animus between the parties. 1984 SCMR 950. Muhammad Shafi.
Injuries by hands and feet in merciless manner causing death. Offence under section 304(II). (DB) AIR 1933 Lah. 883 Nur Muhammad v. Emp.
Simple injuries with numerous lathi blows causing death. Held, offence under section 304(II), (DB) AIR 1925 Lah. 549 Bakhsh Singh v. King Emperor.
Injury on vital part not voluntary. Accused due to previous thefts of sugarcane guarded the place. Deceased picked up a few sugarcanes. Accused followed deceased and inflicted one sota (weight) 1-1/4 seers-4-11" long) on head, night being dark doubtful whether head deliberately chosen for blow. Benefit of doubt given. Conviction altered from section 302 to 304(II) and sentenced to imprisonment already undergone (SC) 1974 SCMR 160 Muhammad Sharif.
Single simple injury on head of deceased caused by ordinary stick. Death due to rupture of heart caused by disease. Offence fell under section 304(II). (SC) 1972 SCMR 419 Muhammad Sharif v. Sadar Din.
Dang blow on head causing death, intention to kill cannot be inferred, however the accused can be burdened with knowledge that the blow was likely to cause death. Offence held u/S. 304(II), PPC. (DB) PLJ 1981 Cr. C. (Lah.) 539 Akbar etc.
Single injury on head of wife, who refused him to have access to her, proving fatal. Conviction altered from section 302, P.P.C. to section 304(II). (DB) 1974 P.Cr.LJ Note 167 Abdur Rashid.
Striking with brick-bat on back of head of deceased held, no intention to kill. Convicted u/S. 304(II) and sentenced to 7 years' R.I. NLR 1989 Muhammad Akbar.
Solitary injury with blunt side of hatchet on head of deceased proved fatal injury given in altercation. Held, no intention to kill, offence u/S. 304(II). 7 years' R.I. awarded. (DB) 1978 P.Cr.LJ 868 Muhammad Hussain.
All simple injuries-3 hatchet blows, one on head and two on arms of the deceased father of the accused. Held, no intention to kill. Conviction altered from section 302 to 304(II), PPC 1973 P.Cr.LJ 680 Allah Bakhsh.
Injury on non-vital part. Where legs were fractured and thighs made a mass of bruises. Offence under section 304(II). (DB) ILR 10 Lah. 477 Inder Singh v. King-Emperor. (DB) 1970 P.Cr.LJ 696 Ghaffar.
Injury on thigh, offence u/S. 304(ii) and not u/S. 302, PPC. An illiterate man is not expected to know that an injury on thigh, a non-vital part, causing severance of femoral artery would lead to death. Held, intention not to cause death. Conviction altered from 302, PPC to 304(II) and sentence to 10 years' R.I. 1983 SCMR 1165. Munawar Hussain. 1983 SCMR 53. Muhammad Salim v. Muhammad Aslam etc. (In this case injury on the knee caused death due to excessive haemorrhage).
Femoral artery's location is not expected to be known to a layman, yet the depth of the injury and style showing that the accused had the intention to kill. Conviction under section 302, PPC restored. 1986 SCMR 634. Mukhtar Ahmed v. Muhammad Ilyas. 1983 SCMR 53, Muhammad Saleem v. Muhammad Aslam etc. distinguished.
Single knife blow on non-vital part. Chance meeting, femoral artery cut, causing death. Conviction altered from 302, PPC to 304(II), PPC Sentence 10 years' R.I. (DB) NLR 1989 Cr. 677. Muhammad Ashiq.
Thrusting lathi (club) in anus injuring peritoneum and causing death. Offence under section 304(II), PPC. (DB) PLD 1954 Lah. 395 Crown v. Muhammad Shafi.
Common intention to cause only grievous hurt. Only one grievous blow on head and other injuries of slight nature. Held, accused guilty only under section 304(II), sentence reduced to 7 years' R.I. (DB) AIR 1935 Lah. 80 Ala Singh etc.
Prolonged beating. Death of deceased caused by three accused jointly assaulting and giving prolonged beating to deceased; who delivered fatal injury immaterial. All liable to conviction under section 304(II) read with section 34. PPC. (SC) 1969 P.Cr.LJ 1090 Siraj Mia. (Note: Whether section 34, PPC applies to section 34, PPC was not properly considered. Common intention and common knowledge are very different. Part II of section 304 requires knowledge and not intention). Also see AIR 1945 PC 118.