GHULAM ABBAS vs THE STATE
The petitioner Ghulam Abbas sought leave to appeal against the dismissal of his criminal appeal by the High Court, which had upheld his conviction under section 304-I of the Pakistan Penal Code for the murder of Muhammad Ibrahim and the sentence of imprisonment for life. The core legal question was whether the fatal knife blow inflicted by the petitioner on the left side of the chest piercing the heart warranted a reduction of the offense from culpable homicide not amounting to murder under section 304-I to grievous hurt under section 326 of the Pakistan Penal Code. The Supreme Court held that the petitioner's act of stabbing the deceased on a vital part of the body, namely the heart, reasonably gave rise to the presumption of knowledge that the injury would likely cause death, thereby attracting criminal liability for the charged offense rather than a lesser charge. The petition was accordingly dismissed as being without merit.
- Whether a single knife blow to the chest piercing the heart constitutes an offense under section 304-I of the Pakistan Penal Code rather than section 326?
- Can an accused who inflicts a knife injury on a vital part of the body be presumed to know that death is likely to result?
- Section 304-I, Pakistan Penal Code
- Section 326, Pakistan Penal Code
ORDER
1. ' Aslam RIAZ HUSAIN, J-Ghulam Abbas, petitioner, was tried for the murder of Muhammad Ibrahim and was convicted by the learned Sessions Judge, Sahiwal of offence under section 304-I, P. P. C.
2. For which he was sentenced to imprisonment for life and a fine of Rs, 2,000 and in default of payment of fine, be was ordered to undergo another 8 months' R. I. His appeal was dismissed by the High Court. Hence, the present petition.
3. ' The facts of the prosecution case are briefly that at about 6-30 p.m. On 7-11-1975 Muhammad Ibrahim, deceased son of Fateh Muhammad come plainant reprimanded and abused the petitioner for singing an observe song near their house. The accused flared tip, whipped out a knife and stabbed the deceased on the left side of his chest piercing the heart. The deceased fell down and died at the spot and Ghulam Abbas petitioner ran away.
3. The learned counsel for the petitioner, submitted that the petitioner did not deny the prosecution version. He, however, urged that the facts alleged by the prosecution only make up an offence under section 326 and not under section 304-1, P.P.C. In support of this contention and he relied on Muhammad .Froze v. Muhammad Arif and another (1) Hasan v. State(2). Both the above-noted cases are distinguishable inasmuch as injuries in both these cases, were on the thigh and the accused in those cases could not be said to have the intention to kill. It is also possible that he might not have had the knowledge that death is likely to occur as a result of the injury on the thigh.
4. In the present case the injury was on the left side of the heart. Any one giving a knife blow at that part of the body, can reasonably be presumed to know that the injury would result in death, and he is, therefore, presumed to intend the consequences of his act. As such there is no force in this contention. The petition is therefore dismissed as being without merit.