Law:

Section:

Penal Code (XLV of 1860)-------Ss. 324, 337-F(i) & 337-F(iii)---Attempt to commit qatl-e-amd, damyah and mutalahimah to any person---Reappraisal of evidence---Benefit of doubt---Interested witnesses---Previous enmity---Motive not proved---All eye-witnesses produced by prosecution were inimical towards accused on account of ongoing murder feud---Motive set up by prosecution was vague and unspecific and the same remained unproved---No weapon was recovered from the possession of accused during investigation---Conviction and sentence awarded to accused by Trial Court was maintained by Lower Appellate Court as well as by High Court---Validity---Medical evidence was of no avail to the extent of accused as no specific injury had been attributed to him which could find support from medical evidence, thus conviction of accused was a legal impossibility on lack of independent corroboration of evidence---Supreme Court set aside conviction and sentence awarded to accused by the courts below and he was acquitted of the charge---Appeal was allowed. Ghulam Sikandar and another v. Mamaraz Khan and others PLD 1985 SC 11; Sarfraz alias Sappi and 2 others v. The State 2000 SCMR 1758; Iftikhar Hussain and others v. The State 2004 SCMR 1185 and Akhtar Ali and others v. State 2008 SCMR 6 rel. Ch. Nazir Ahmad Kamboh, Advocate Supreme Court for Appellant. Asjad Javaid Ghural, Additional Prosecutor-General, Punjab for the State. Nemo for Respondent No.2. Date of hearing: 14th July, 2011. JUDGMENT ASIF SAEED KHAN KHOSA, J.---Zahid Pervaiz appellant and his three co-accused namely Sarfraz Ahmad, Munib Haider and Habib Ahmad had allegedly caused firearm injuries to one Amjad Ali at about 5-35 a.m. on 27-8-2004 in Chak No. 316/GB within the area of Police Station Chutiana, District Toba Tek Singh and F.I.R. No. 450 was lodged in that regard by one Manzoor Ullah at the said Police Station at about 12-45 p.m. on the same day in respect of offences under sections 324/337-F(i)/337-F(iii)/34/109, P.P.C. The appellant and has co-accused were arrested in connection with the said case and they were tried by the learned Magistrate section-30, Toba Tek Singh. Upon conclusion of the trial the…

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