Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 324, 34 & 109---Criminal Procedure Code (V of 1898), S.417(2-A)---Attempt to commit qatl-i-amd, common intention, abetment---Appeal against acquittal---Alleged occurrence, was reported to the Police with delay of one day and 7.35 hours for which no plausible explanation had been furnished---Investigating Officer had failed to collect any crime empties from the place of occurrence, though in the FIR, it was mentioned that indiscriminate firing was made by accused---Empties produced by son of the complainant before Investigating Officer after 9 days of occurrence, were not free from doubt---Complainant could not be believed to have totally escaped; and remained unhurt in presence of indiscriminate firing resorted by accused persons---Trial Court, in circumstances, had rightly come to the conclusion that there was no chance of conviction of accused persons---Acquittal order was to be interfered with only in exceptional cases to avoid miscarriage of justice---Findings of the Trial Court, did not suffer from any perversity, illegality or infirmity; and same was based on sound and cogent reasons, warranting no interference by High Court---Appeal against acquittal having no substance, was dismissed, in circumstances. ORDER MISS AALIA NEELUM, J.---Through instant appeal against acquittal in term of Section 417(2-A) of Cr.P.C., the appellant-Arshad Mehmood has challenged the judgment dated 22-9-2012 passed by the learned Magistrate Section 30, Talagang whereby the accused-respondents Nos.1 to 3 charged in case FIR No.75-2008 dated 9-6-2008 under Sections 324, 34, 109, P.P.C., registered at Police Station, Tamman, District, Chakwal were acquitted of the charges levelled against them on the application under Section 249-A of Cr.P.C. 2. The brief and essential facts are that the appellant-complainant got registered the above stated case against respondents Nos.1 to 3 for making a murderous assault on the complainant when he was ploughing his land on 8-6-2009 at 11:30 a.m. and thereafter at his house on the same day but he escaped unhurt. Abdul Qadoos etc. made firing on the complainant on the instigation of Abdul Haq-respondent No.1.…

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