The case under section 304, P.P.C. Was registered at Police Station Samanabad on 27-3-1984 on the statement of Aamer Nadeem. It was alleged by the complainant that his father Muhammad Shafi came out of the house in order to offer Zohar prayer in Masjid Khizra and was walking towards the right side of the road. In the meantime, a Toyota Car No. 7732, which was being driven by Muhammad Ashraf petitioner came from the northern side. The car hit the deceased who fell down and as a result of the injuries Muhammad Shafi expired in Services Hospital. After hitting the deceased, the car went out of the control and dashed against the wall of Sulemania High School.
The petitioner applied for bail and his bail petition was dismissed by the learned Additional Sessions Judge, Lahore.
2. The learned counsel for the petitioner contends that it was a case of road accident and the police instead of registering the case under section 304-A, P.P.C. Registered the case under section 304, P.P.C. That the case was clearly covered under section 304-A , P.P.C. Which yeas a bailable offence.
3. The learned counsel for the State submits that the petitioner was not in possession of any driving licence and while driving the car at a high speed without driving licence he had the knowledge that by his act he was likely to cause the death and the case was covered under section 304, P.P.C.
4. The contentions have been considered, culpable homicide has been defined in section 299, P.P.C.
It has been provided therein that whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. The learned counsel for the petitioner contended that the case of the petitioner was not covered under any of the exceptions of section 300, P.P.C, and thus offence under section 304, P.P.C.
Was not committed.
5. It is provided in section 300, P.P.C. That except in the cases hereinafter excepted, culpable homicide is murder if the act by which the death is caused is done with the intention of causing death, or if it is covered under clauses 2ndly, 3rdly and 4thly. Culpable homicide has been defined in section 299, P.P.C. Which has been made punishable under section 304, P.P.C. The petitioner was not in possession of any driving licence. He was driving the car at such a high speed that after hitting the deceased, it dashed against the wall of Sulemania High School which was at a considerable distance. While driving without driving licence at a very high speed, the petitioner had clearly knowledge A that by that act he was likely to cause the death. Taking the facts of the case into consideration, I do not consider it a fit case for bail. The petition is dismissed.