Law: Penal Code (XLV of 1860)

Section: 324,109,504,34

Law: Criminal Procedure Code (V of 1898)

Section: 417

Penal Code (XLV of 1860)---.--- ---.---Ss. 324, 109, 504 & 34---.---Criminal Procedure Code (V of 1898), S.417---.---Attempt to commit qatl-e-amd, abetment, intentional insult to provoke breach of peace, acts done in furtherance of common object---.---Appeal against acquittal---.---Appreciation of evidence---.---Bullet fired by co-accused allegedly hit the injured on his leg but police found the co-accused innocent and placed his name in the column No. 2 of the challan-Finding of the police was not challenged by prosecution/complainant before any court of law---.---All prosecution witnesses were relatives of the injured; independent corroboration was, therefore, lacking in the case---.---Ocular account was contradicted by medical evidence---.---F.I.R. mentioned three firearm injuries by three separate shots but medical evidence showed injuries caused by two shots---.---Statement of the injured was recorded one and half months after the occurrence despite the fact that the police had visited the injured on the day of occurrence---.---Story of events narrated by the prosecution was improbable and dubious---.---Accused was not represented or defended by a counsel; Trial Court did not cross-examine the complainant on his behalf either---.---Weapons of offence allegedly recovered by the accused were not sent to the Laboratory for test---.---Prosecution failed to prove its case which could not be corroborated by independent evidence---.---Appeal against acquittal was dismissed in circumstances. THIS ORDER PASSED BY: SALMAN HAMID, JUSTICE:---.--- By this Order I intend to dispose of Criminal Acquittal Appeal No. 46 of 2010, whereby by the Appellant/Complainant, Abdul Hafeez Sangi has assailed the judgment of acquittal dated 27-5-2010, passed in Sessions Case No. 214 of 2005 Re.: State v. Mir Mohammad, arising from Crime No. 24 of 2005 of Police Station Dhamrah, registered for an offence under sections 324, 109, 504 and 34 Pakistan Penal Code 1860. Briefly, the facts of the case, in a nutshell, are that on 24-5-2005 at 0900 hours Appellant/Complainant lodged F.I.R., wherein it was mentioned that on 23-5-2005 he along with his father, Abdul Majeed went on their…

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