Law:

Section:

Penal Code (XLV of 1860)---Ss. 324 & 353---West Pakistan Arms Ordinance (XX of 1965), S.13(d)---Attempt to commit qatl-e-amd, assault or criminal force to deter public servant from discharge of his duty, going armed without licence---Appraisal of evidence---Despite the occurrence having taken place at a public place and 48 shots having been fired by the police functionary in the alleged police encounter, nobody from public reached the spot---Neither the said police functionary nor the other prosecution witness had stated that the accused had fired at the police party---Although three accused had allegedly fired at the police party, yet neither any member of the police party had been injured, nor any bullet had hit the police vehicle---Consistent plea of the accused to have been injured during exchange of firing between two parties was never investigated, instead the complainant police officer had himself investigated the case---Non-¬production of medical evidence with regard to the injury of the accused was a serious infirmity in the prosecution case---Possibility could not be ruled out that either the deceased accused or the absconding accused might have fired at the raiding party---Accused was acquitted in circumstances. JUDGMENT TASSADUQ HUSSAIN JILLANI, J.---Appellant-Mumtaz Ali was tried in the case registered vide F.I.R. No. 20 of 2002 dated 28-6-2000 at Police Station Khabar, District Larkana under sections 324, 353 and 34, P.P.C. and in terms of the judgment of the learned Special Judge, S.T.A, Larkana dated 8-5-2002, he was convicted for the offences punishable under sections 324 and 353, P.P.C. and sentenced to suffer R.I. for ten years and to pay fine of Rs.10,000 or in default whereof, he was further sentenced to suffer S.I. for six months. He was also convicted under section 353/34, P.P.C. and sentenced to one year R.I. under section 13(d) of the Arms Ordinance for seven years' R.I. and to pay fine of Rs.3000 or in default whereof undergo six months' S.I. Benefit of section 382-B, Cr.P.C. was also extended. The learned High Court, in terms of the impugned judgment dismissed the appellant's appeal and affirmed the conviction and sentences…

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