Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 398, 353, 186 & 34---Attempt to commit qatl-i-amd, attempt to commit robbery or dacoity when armed with deadly weapon, assault or criminal force to deter public servant from discharging of his duty, obstructing public servant in discharge of public functions, common intention---Appreciation of evidence---Ocular account did not corroborate medical evidence---Allegations against accused were that he along with co-accused looted ten drums of diesel from the vehicle of prosecution witness and loaded the same in their vehicle---Complainant who was on patrolling duty along with other officials, after receiving information, had erected Naka and tried to stop the vehicle of accused persons---Accused persons made firing on police party, in self-defence, police party also made firing and chased the vehicle of accused, which overturned and fell straight---Co-accused fled away whereas the accused-appellant was arrested in injured condition---Prosecution in order to establish the charge, produced six witnesses including complainant as well as the victim---Complainant reiterated the contents of fard-e-bayan and contended that accused-appellant was arrested in injured condition---Prosecution witness deposed that after arrest of accused-appellant, he had taken him to hospital for medical treatment but no medical certificate or the doctor was produced, who had examined and medically treated the accused-appellant---Medical evidence was necessary to have been produced to corroborate the prosecution case---No explanation for non-production of medical evidence had been tendered by the Investigation Officer--- Investigating Officer stated that victim informed him about the occurrence and accused was arrested after chasing him, in injured condition---Victim identified the accused-appellant at the spot after his arrest---Victim while appearing as witness stated that he informed one of his relative about the occurrence and he had informed the police---Witness had stated that at the time of offence, accused had muffled their faces, thus he could not identify the accused-appellant present in the court---Statements of witness and victim…

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