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1923 Supreme(Lah) 92

SCOTT-SMITH, MOTI SAGAR
Allah Din – Appellant
Versus
Emperor – Respondent


JUDGMENT

1. Allah Din has been convicted by the Sessions Judge of Jhelum of the murder of Mt. Nek Bakht and of the attempted murder of Mt. Imam Bibi and has been sentenced for the former offence to transportation for life and for the latter to ten years transportation, the sentences to run concurrently. Appeals were presented to this Court by Counsel who, however, has not attended to argue. We have perused the record. The facts are fully and clearly stated in the judgment of the learned Sessions Judge and need not be repeated.

2. In our opinion the questions which arise are the following:

(1) Whether Allah Din, appellant, intended to cause the death of Mt. Nek Bakht or, as found by the Sessions Judge, intended to cause such injury as he knew to be likely to cause death.

(2) Whether he received such grave and sudden provocation as would reduce the offence from one of murder to one of culpable homicide not amounting to murder.

(3) Wnether he attempted to murder Mt. Imam Bibi.

(4) Having regard to the facts that Allah Din acted without premeditation, used only a pen-knife and gave each woman only one injury, we think there is a very strong presumption that he neither intended to cause death

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