Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,417(2A)

Law: Pakistan Penal Code, 1860

Section: 34,337A,337-F,337-Q

(a) Criminal Procedure Code (V of 1898)--- ----S. 417(2A)---Penal Code (XLV of 1860), Ss.337-A, 337-F, 337-Q & 34---Appeal against acquittal---"Person aggrieved"--- Scope--- Appellant/ complainant, being father of injured person, filed appeal against acquittal under S. 417(2A), Cr.P.C.---"Person aggrieved" was a person who was primarily interested in conviction of the accused because he was allegedly caused hurt---Word "person aggrieved" was not open to the extent of including every person who was a member of society or claimed to be interested in the conviction of an accused person in cases of hurt---Legal heirs in murder cases had the right to participate in court proceedings and impugn the if they felt themselves aggrieved by it---Complainant of the case was not present at the spot rather he was informed in respect of the alleged occurrence---Complainant was neither abused, beaten nor threatened by the accused, thus, under the circumstances, father of victim was not competent to file appeal against acquittal under S.417(2A), Cr.P.C.---Appeal was dismissed. Mir Gul v. Abdul Karim 1999 PCr.LJ 1507 rel. (b) Words and phrases--- ----Person aggrieved--- Meaning. Black's Law Dictionary ref. THIS ORDER PASSED BY: ABDUL HAMEED BALOCH, J.--- This Criminal Acquittal Appeal has been preferred against the order dated 26.03.2019 (impugned order), passed by the learned Judicial Magistrate-II, Kharan (trial Court), whereby the private respon-dents were acquitted of the charge in case FIR No.06 of 2018 under Section 337-AF Q&D read with 34, P.P.C. lodged with Levies Thana, Kharan. 2. Brief facts of the case are that on 21.05.2018 at about 11:00 p.m., complainant Muhammad Ismail Khan lodged a report with Levies Thana Kharan, alleging therein that on the fateful day at about 8:30 p.m. his son namely Noor Ahmed went to the nearby tank for ablution, when the private respondents were already hiding there. Firstly accused Yar Muhammad hit his son on the head, due to which he fell down. Afterwards, other two accused persons started beating him with sticks and fin belt. On this his son started shouting, whereupon his (complainant) two sons went out to check the position,…

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