Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 337-A(i), 337-F(iii)(vi)(v), 337-L(2), 149 & 337-N(2)---Attempt to commit qatl-e-amd, causing Shajjah-i-Khafifah, Mutalahimah, Madihah, Hashimah, hurt, payment of Arsh, awarding tazir---Common intention---Objections, raised that Trial Court did not frame the charge in accordance with law; and conviction was recorded without alteration of charge, were not supported by law---Contention about non-reading and mis-reading of evidence, was not impressive; and conclusion drawn by the Trial Court was according to principles of appreciation of evidence---Number of persons were nominated towards the commission of offence, but role of firearm injury sustained by one injured prosecution witness was attributed to one accused only---Role of inflicting a dagger blow sustained by the injured witness, was assigned to absconding accused---Injuries sustained by complainant and two prosecution witnesses, to the extent of abrasion and pain, except naming all accused persons, no role was assigned to any one of them---Allegation of constituting unlawful assembly in furtherance of their common object, was levelled against accused and absconding accused---Role causing fracture of 'tibia'/shinbone, could not be attributed to any one as the witness himself was silent about the injury---Absconding accused, who was alleged to have caused injuries, was not arrested---Injuries caused under Ss.337-A(1), 337-L(2) and 337-F(v), P.P.C., were proved to be caused by accused---Accused after constituting an unlawful assembly in furtherance of their common object having made a violent attack upon the complainant party, they were rightly held responsible towards the commission of offence---Offender who had travelled beyond the object of unlawful assembly, would be dealt separately---Case of accused persons was covered by subsection (2) of S.337-N, P.P.C.---Accused persons, were not previous convicts, hardened or habitual, desperate or dangerous criminals---Sentence of rigorous imprisonment of two years under S.337-F(iii) and 4 years under S.337-F(v), P.P.C., was set aside---One of accused persons remained convicted under S.337-F(v), P.P.C.---Three…

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