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Petitioner: DILAWAR HUSSAIN VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ali Shah, Muhammad Rafique Tarar Title: DILAWAR HUSSAIN vs THE STATE Case No.: Criminal Petition No. 257-L of 1993 Cr. Appeal No. 251 of 1990 Date of Judgment:1994-04-30 Reported As: 1996 SCMR 939 Result: Leave granted
Judgment ORDER SAJJAD ALI SHAH, J.----Petitioner is convicted for offence under section 302, P.P.C. And is sentenced to imprisonment for life. His appeal is dismissed by the High Court. It is submitted that according to the prosecution only one knife injury was inflicted on the upper part of right thigh which caused death and that also on account of sudden quarrel with regard to payment of Rs.150 as there was no enmity between the parties. In the circumstances, it is submitted that offence would fall under section 304, P.P.C. And not under section 302, P.P.C. In support of the proposition, reliance is placed on cases of Muhammad Slaim v. Muhammad Aslam and others (1983 SCM R 53) and Munawar Hussain v. The State (1983 SCM R 1165). Leave is granted to examine the contention mentioned above.