Law:

Section:

Penal Code (XLV of 1860)-- ----Ss. 353 & 34---Assault or criminal force to deter, public servant from discharge of his duty, common intention---Appreciation of evidence---Weapons alleged to have been recovered from the accused and his co-accused, were not produced in the court, when eye-witnesses were examined--- Entries regarding departure of Police from and arrival to the Police Station had not been produced by the prosecution---Accused was put certain questions in cross-examination, which were not part of the record at all---No question was put to accused as to his firing upon Police personnel---Both, accused and his co-accused were acquitted from the charge, in circumstances. 2002 PCr.LJ 51 ref. ORDER AMER RAZA NAQVI, J.--­Through this appeal conviction and sentence awarded to the appellant in Sessions Case No.565/2013 decided by 3rd Additional District and Sessions Judge, Karachi West has been impugned. Through impugned judgment appellant was convicted and awarded sentences for committing an offence punishable under section 324, P.P.C. to undergo R.I. for two years and to pay fine of Rs.2,000 along with co-accused Waheed son of Karim Bux Baluch and in case of default in payment of fine the accused persons were required to serve R.I. for two months more. Appellant was also awarded same sentence in respect of section 353, P.P.C. Both the sentences were to run concurrently, appellant was also extended benefit of section 382-B, Cr.P.C. Brief facts of the case are that an FIR being No.158/2013 under sections 353/ 324/34, P.P.C. was registered at P. S. Site-B Karachi wherein it was alleged that present appellant along with co-accused Waheed fired upon the police personel with intention to kill them and to restrict them from performing lawful duties, at opposite Ghani Chowrangi, Railway Crossing Karachi. It was also alleged that .30 bore pistols were recovered from both the accused persons. Charge was framed on 4-6-2013 by the trial court and appellant along with co-accused Waheed was charged for the above mentioned offences. Prosecution in support of their case examined three witnesses namely Muhammad Javed as P.W.1, Rafiullah as P.W.2 and Investigating…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492