Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 337-H(2), 148 & 149---Attempt to commit qatl-i-amd, negligent act as to endanger human life or the personal safety, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Ocular account corroborated by medical evidence---Prosecution case was that accused and co-accused assaulted on complainant party with pistols and causing fire arm injury to one of the prosecution witness---Ocular account was furnished by the complainant and injured witness---Said witnesses were consistent regarding injury sustained to the injured by the hand of the accused---Said witnesses could not be shakened on the vital points of their evidence during cross-examination---Record showed that accused had caused firearm injury to the injured but had not made the second fire on the injured and the injured received injury on non-vital part of his body, which indicated that accused had no intention to kill the injured---Record showed that charge was not properly framed with regard to the injury caused to the witness during the incident---Medical evidence showed that injury was declared as ghayr-jaifah-mutalahimah, which fell under S. 337-F(iii), Penal Code, 1860, but charge was silent about the injury sustained by the injured---Punishment under S.324 Penal Code, 1860, in circumstances, was not justifiable---Prosecution had produced sufficient evidence regarding injury sustained by the injured witness---One of the prosecution witness did not support the prosecution case but did not deny the happening of the occurrence---Evidence of the Investigating Officer had established that empties were recovered from the place of incident and blood was seen on the place of occurrence---Circumstances established that accused was guilty of the offence punishable under S. 337-F(iii), Penal Code, 1860, for causing injury declared as ghayr-jaifah-mutalahimah, while charge framed against him under S. 324, Penal Code, 1860, was not proved---Accused-appellant was therefore, convicted under S. 337-F(iii), Penal Code, 1860, and sentenced for a period already undergone. (b) Criminal Procedure…

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