Law:

Section:

Penal Code (XLV of 1860)-------Ss. 324, 337-F(iii) & 337-F(iv)---Criminal Procedure Code (V of 1898), S.225--- Attempt to commit Qatl-e-amd, ghayr-jaifah mutalahimah and ghayr-jaifah mudihah---Appreciation of evidence---Charge, error in---Effect---Motive, non-proof of---Accused was convicted by Trial Court and sentenced to imprisonment of various terms---Validity---Motive of incident was shrouded in mystery and witnesses did not highlight issue of motive rather suppressed the same---Mere enmity was not motive unless it was fully elaborated through evidence and its degree whether it was so grave that in retaliation persons could take extreme step of eliminating a person---Delay in lodging F.I.R. was fully explained and testimonies of eye-witnesses and medical officers remained unshaken and had given straight forward evidence in very natural way completely unperturbed and High Court declined to brush aside only on the ground that they were related inter se---Even an interested witness could be a truthful witness, depending on the circumstances of the case---Accused received relevant documents in which injuries and nature of injuries were clearly mentioned, hence, accused was not taken by surprise or misled---High Court declined to interfere with conviction and sentence awarded to accused by Trial Court---Appeal was dismissed in circumstances. 1991 PCr.LJ 83; PLD 1969 SC 278 and 1992 SCMR 1583 ref. ORDER SADIQ HUSSAIN BHATTI, J.---Muhammad Ismail son of Sono Khan Bhangwar, the appellant has been convicted for offences under sections 324, P.P.C., 337-F(vi), P.P.C. and 337-F(iii), P.P.C. vide judgment dated 31-5-2013 handed down by the learned 1st Additional District and Sessions Judge, Shaheed Benazir Abad in S.C. No.143 of 2005, awarding him sentences as herein below:-- (i) Under section 324, P.P.C., R.I for seven years and fine of Rs.25,000. (ii) Under section 337-F(vi), P.P.C., RI for seven years and fine of Rs.25,000. (iii) Under section 337-F(iii), P.P.C., RI for three years and fine of Rs.10,000. in case of default of payment of fines, the appellant/accused has to suffer R.I. for six months more in each section, mentioned above. Furthermore, the…

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