Law:

Section:

Azad Penal Code-- ----Ss. 324, 334 & 337-A(i) & 337-F(2)--Criminal Procedure Code, 1898--S. 392-B--Benefit of doubt--Conviction was awarded five years u/S. 324--Arsh u/S. 334 and one year imprisonment for each of the offence--Challenge to--Appeal was dismissed by Distt. Court of Criminal jurisdiction--An appeal filed before ShariatCourt, the case was remanded for purgation--Trial Court on remand decided the case afresh, convicted the accused and awarded him 10 years u/S. 324--Arsh u/S. 334 and three years R.I.--Daman u/S. 337 of APC--Same was modified through impugned --Assailed--Validity--Weapon of offence recovered from the accused, crime empties seized from the place of occurrence and other incriminating material was also produced in the evidence--Trial Court by putting reliance on the prosecution version convicted the accused--Held: Allegation of murderous assault resulting into amputation of right leg of complainant was proved beyond any doubt--Since the sentence of Qisas was not executable--Accused was rightly convicted and awarded sentence of imprisonment and Arsh u/Ss. 324, 334 APC Amount determined by Court below was not correct because as per silver rate in the year the offence was committed, the value of 30630/- silver was Rs. 242487.50 and half of which was required to be awarded as Arsh to the accused--Observation of the Court below that the sentences shall run one after other was also without any lawful justification--Accused was acquitted of the charge for causing injuries to victim and by modifying the impugned the amount of Arsh is reduced toRs. 121243.75/- which is half of the total amount of diyyat and it shall be paid to complainant--Sentence of seven years imprisonment for each of the offence u/S. 324 & 334, APC are maintained--Sentences shall run concurrently and the accused shall also be entitled to benefit of S. 382-B, Cr.P.C. as extended by trial Court--Appeal was dismissed. THIS ORDER PASSED BY: SYED HUSSAIN MAZHAR KALEEM, JUSITCE---.--- Above titled appeals have been directed against the judgment of Additional District Court of Criminal Jurisdiction, Dadyal dated 15.11.2007, whereby modifying the order of conviction…

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