AIR 1925 LAHORE 549 ::1925 (86) Ind Cas 826

Lahore High Court

Hon'ble Judge(s): Scott-smith, Martineau , JJ

(A) Evidence Act (1 of 1872) , S.82— Dying declaration of inhabitants of the Punjab is unsafe as basis of conviction. The inhabitants of the Punjab often in a dying declaration not only accuse the actual offenders but also include the names of other enemies and hence in the Punjab it is not safe to been a conviction on the uncorroborated dying declaration of a deceased person. (B) Penal Code (45 of 1860) , S.304— Beating severely but not, with big lathis-Injuries simple-Knowledge of likelihood of causing death must be attributed to the accused. Where death was caused by beating a number of blows with a lathi but the injuries inflicted upon the deceased were all simple except one which fractured a finger bone, and death was due to shock. Held: that the assailants did not intend to cause death or such bodily injury as was sufficient in the ordinary course to cause death, but they must be presumed to have known that they were likely to cause death and that they were therefore, guilty of an offence under S. 304 (2). .....