Law:

Section:

(i) Azad Jammu & Kashmir Penal Code-- ----Ss. 324, 337A(3), 337-A(4), 337-F(3)/337-F(5) & 337-F(6)--Azad Jammu & Kashmir Arms Act 1965, S. 13--Fire-arm injuries--Conviction & sentence recorded by trial Court--Challenge to--Accused sustained injuries during the occurrence which were suppressed by the eye-witnesses--However, modico-legal reports were placed on record by the prosecution--Courts below ignored the reports on the ground that the same were not tendered in the evidence--Injuries sustained by accused during the occurrence were deliberately concealed by the eye-witnesses--Both the parties inflicted injuries to each other and the accumulative effect needs serious consideration--Case was remanded. [P. 43] A, C & D (ii) Azad Jammu & Kashmir Penal Code-- ----Ss. 337A(3), A(4) & 337F(6)--Document were not tendered in evidence--Neither reports were tendered in evidence nor any question regarding injuries was asked from scriber--Validity--Held: A document not tendered in evidence by the prosecution cannot be read and relied upon against an accused for the purpose of conviction. Judgment The above titled appeals have been directed against the order of Addl: District Court of Criminal Jurisdiction, Dudyal dated 25.11.2005, whereby the appeals filed by the convict-appellants and the complainant were dismissed. 2. Brief facts leading to the background of the appeals are that a case under Sections 324/34, A.P.C was registered at Police Station, Dudyal on the complaint of Arshad Mehmood. It was reported that on 14-08-2004 at 5.45 p.m. goats of Sajid S/O Abdur Rashid came into the fields of the complainant. He turned them out and made a complaint to him. In reply the accused used harsh words and came at the place of occurrence armed with 12-bore gun. Khalid and Abdur Rashid armed with hatchet also came there and attacked the complainant. Sajid accused fired two shots at him. The pellets hit the complainant at his left arm and hand. On hearing the sound of firing the complainant's brother Qurban came at the place of occurrence. Khalid accused inflicted injuries at head, right arm, right hand and back of the complainant with hatchet. He fell…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492