Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 324,337-F(ii), 337-A, 147 & 34---Attempt to commit qatl-i-amd, causing badi'ah, causing hurt, rioting and common intention---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Aggressor and aggressed upon---Allegation against the accused was that he had injured the prosecution witness---Accused was named in the FIR---Weapons of offence were recovered from his possession---Application for the registration of cross case was filed, wherein the allegation of aggression and infliction of injuries were attributed to the complainant party---Injury sheets of accused party were available on record---Possibility could not be ruled out that accused had acted in self-defense and they had received injuries during the occurrence---Accused were referred to hospital on the day of occurrence and were given medical treatment---Circumstances had shown that complainant party had suppressed the injuries sustained by the other side in their FIR---Presumption, in such circumstances, would be that complainant party was the aggressor---Complainant party had suppressed their own role and tried to twist the facts and as such, they were bound to bear the consequences of their own deeds---Attending circumstances suggested doubts about the veracity of prosecution story, benefit of which resolved in favour of accused---Appeal against acquittal was dismissed accordingly. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The respondents were booked for the offence under sections 337-A, 337/147/324, P.P.C. vide FIR No. 22/08 dated 20-06-2008 registered at Police Station Astore. 2. After completion of investigation the local Police submitted final Police report under section 173, Cr.P.C. to the Court of learned Judicial Magistrate. The learned Judicial Magistrate submitted the case to the learned Sessions Judge Astore, under section 190(1), Cr.P.C. The learned Sessions Judge took cognizance of the case. On 14-11-2008, when the case was fixed for framing of charge, the learned Sessions Judge, as evident from order dated 14-11-2008, returned the case to the Court of learned Judicial Magistrate, Section 30, Cr.P.C. for trial, where…

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