KHALID AHMAD Versus STATE

ORDER

SAAD SAOOD JAN, J.‑‑ This is a petition for special leave to appeal by Khalid Ahmad who was convicted by the Additional Sessions Judge, Kasur, of an offence under section 304‑A of the Pakistan Penal Code and sentenced to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs.2,000. He preferred an appeal before the High Court but it was dismissed.

2. The allegations against the petitioner were that on 18‑9‑1981, at about 3‑30 p.m., he drove his tractor rashly/ negligently with the result that it ran over one Muhammad Ashraf who was carrying a bundle of fodder on his head on the way to his village. The petitioner did not deny that he had run over the deceased but disputed his criminal liability on the ground that it was the deceased who was responsible for the accident.

3. The trial Court tried the petitioner on a charge under section 302 of the Pakistan Penal Code but convicted him of the offence under section 304‑A. In support of this petition, it is urged that it was not open to the learned trial Court to convict him of the offence under section 304‑A as the offence under this section was not cognate to the offence under section 302. In support of this contention, he relies upon a judgment of the West Pakistan High Court reported as Ahmad Din v. The State P L D 1959 Lah. 760. This contention needs examination. Leave to appeal is accordingly granted.

M.I./K‑45/S Leave granted.