Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 324, 335, 336 & 337-A(i)---Attempt to commit qatl-e-amd, Itlaf-i-Salahiyyat-i-Udw---Appreciation of evidence---Accused were charged for having caused injuries to the injured, whereby left side of her body was weakened---Evidence of the complainant and other witnesses, was circumstantial---Lady Doctor did not specify, either in her certificate or deposition, as to which organ of body of the victim was destroyed, or was permanently impaired, or disfigured, and these were the essential ingredients of S.335, P.P.C. punishable under S.336, P.P.C.---Charge against accused persons was framed under S.324, P.P.C., and they were not given the notice of the injuries allegedly sustained by the victim---Statements of accused persons, were not recorded in accordance with law, as there was no question put-forth to them in respect of injuries allegedly sustained by the victim, or the material produced by the prosecution in order to explain their position---Trial Court did not follow relevant provision of law while framing the charge, and recording statement of accused persons under S.342, Cr.P.C., which had prejudiced the case of accused persons---Impugned was set aside, and case was remanded to the Trial Court to frame the charge properly in accordance with law; and after recording evidence of the prosecution witnesses, record the statements of accused persons under S.342, Cr.P.C. putting forth the material purportedly brought by the prosecution; and conclude the trial in accordance with law. Munir Ahmed alias Munni v. The State 2001 SCMR 56; Asif Iqbal and 3 others v. The State and another 2012 PCr.LJ 91; Dilsher v. The State PLD 2012 Sindh 307; Pir Mumtaz and another v. The State 2005 PCr.LJ 721 and Muhammad Ayub v. The State 2006 PCr.LJ 257 ref. THIS JUDGMENT DELIVERED BY: AFTAB AHMED GORAR, JUSTICE:---.--- Appellants were tried by learned Ist Additional Sessions Judge Badin and were convicted under sections 336, 35 P.P.C. and sentenced to undergo R.I. for seven years as Tazir and to pay arsh amounting to Rs.50,000 each to injured Shrimati Haveeran, in default whereof to suffer S.I. for one year. They were further convicted under…

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