| Citation(s) |
|---|
| 2004 SLG 2920 2004 SLD 2920 2004 PCRLJ 458 |
Supreme Court (AJ&K)
Criminal Appeal No. 29 of 2003, decided on 24th November, 2003. Date of hearing: 21st November, 2003. (On appeal from the judgment of the Shariat Court, Dated 30 4 2003 in Criminal Revision Petitions Nos. 22 and 45 of 2002).
MUHAMMAD YUNUS SURAKHVI, CHIEF, JUSTICE, CHAUDHARY MUHAMMAD TAJ, JUSTICE
Ch. Ali Muhammad, Advocate for Appellant. Ch. Muhammad Azam Khan, Advocate for
Respondents Nos.1 and 2. Sardar Abdul Razik Khan, Addl. A.G. for the State.
Criminal Appeal No. 29 of 2003, decided on 24th November, 2003. Date of hearing: 21st November, 2003. (On appeal from the judgment of the Shariat Court, Dated 30 4 2003 in Criminal Revision Petitions Nos. 22 and 45 of 2002).
MUHAMMAD YUNUS SURAKHVI, CHIEF, JUSTICE, CHAUDHARY MUHAMMAD TAJ, JUSTICE
Ch. Ali Muhammad, Advocate for Appellant. Ch. Muhammad Azam Khan, Advocate for
Respondents Nos.1 and 2. Sardar Abdul Razik Khan, Addl. A.G. for the State.
MUKHTAR AHMAD --Appellant
VS
HAQ NAWAZ AND 2 OTHERS --RespondentS
Law: Penal Code (XLV of 1860)
Section: 324/336/337-F(v)(vi)
Law: Criminal Procedure Code (V of 1898)
Section: 497(5)
Law: West Pakistan Arms Ordinance, (XX of 1965)
Section: 13
(a) Penal Code (XLV of 1860) S. 324 Attempt to commit Qatl i Amd Effect and scope Not essential that the assault should be only with the purpose of committing murder, but at the same time if an accused tad the knowledge that the fire arm used by him could cause the death of any person, he would be guilty of intentional murder or murderous assault. (b) Criminal Procedure Code (V of 1898) S. 497(5) Penal Code (XLV of 1860), Ss.324/336/337 F(v) & (vi) West Pakistan Arms Ordinance (XX of 1965), S.13 Bail Accused had been attributed only a fire with his kalashnikov on the tyre of the tractor trolley of the complainant on account of which its tyre had burst No further overt act to open fire on the complainant or any other eye witness was assigned to accused Pre arrest bail allowed to accused by the Courts below was not cancelled in circumstances. Shabeer Ahmed alias Shibli v. The State 1999 PCr.LJ 1348 and Muhammad Miskeen v. Muhammad 1992 SCR 379 ref. (c) Criminal Procedure Code (V of 1898) S. 497(5) Penal Code (XLV of 1860), Ss.324/336/337 F(v) & (vi) ¬West Pakistan Arms Ordinance (XX of 1965), S:13 Cancellation of bail Accused was prima facie connected with the commission of the alleged offences One of the injuries inflicted on the victim had caused fracture of his knee joint which was of grievous nature Courts below had not advanced any cogent reason for releasing the accused on bail Shariat Court had lost sight of the fact that if an accused had fired upon a person which had hit him; then even if there be no intention to kill, yet if he had the knowledge that the injury could cause his death, the case would fall within the ambit of murderous attempt Bail allowed to accused was cancelled in circumstances. Shabeer Ahmed alias Shibli v. The State 1999 PCr.LJ 1348 and Muhammad Miskeen v. Muhammad 1992 SCR 379 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD YUNUS SURAKHVI, CHIEF JUSTICE:---.--- This appeal has been directed against the judgment passed by the Shariat Court on 30 4 2003, whereby two revision petitions filed by the appellant herein against the orders of the District Court of Criminal Jurisdiction, Bhimber dated 16 1 2002 and 17 4 2002, were dismissed.…
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