Law: Pakistan Penal Code, 1860

Section: 34,109,307,324,427

Law: Criminal Procedure Code (V of 1898)

Section: 173,190

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 427, 109 & 34---Criminal Procedure Code (V of 1898), S. 173---Attempt to commit qatl-i-amd, mischief causing damage to the amount of fifty rupees, abetment, common intention---Complainant-applicant had alleged that he and his son while going on a car, driven by the driver, were hit by the accused and suddenly other culprits duly armed with dandas and iron bars emerged at the spot and attacked them---Car was badly damaged but its windows could not be opened---Driver came out from the window of the car and raised lalkara which attracted other people whereupon the culprits fled away by extending threats for dire consequences---Complainant-applicant alleged that Investigating Officer while submitting report/charge sheet under S. 173, Cr.P.C. had deleted/changed the sections of P.P.C. mentioned in the FIR at the instance of the accused to extend them undue favour---Judicial Magistrate had approved the charge sheet without applying his judicious mind---Validity---Section 324, P.P.C. had two limbs, firstly, that if any act was done by anyone with intention or knowledge that by such act he could be held guilty of committing qatl-i-amd of any person then he would be punished, secondly, if any hurt was caused to any person by such act of the offender, he would also be punished for that hurt---For holding such offender to be guilty of offence under S.324, P.P.C., it was not necessary that the victim should have sustained injuries---On the other hand, if any intentional attempt was made to commit qatl, without causing any injury to the victim, even then such offender would be guilty of committing offence under S.324, P.P.C.---If injuries were caused by lathi/danda, which had been declared as lethal weapon, such offence could fall under S. 307, P.P.C. parallel to the present S. 324, P.P.C.---No material was available in the present case to establish that the complainant and his son got injured due to alleged infliction of danda or iron bars blows by the accused as the complainant himself contended that the doors of the car could not be opened and the accused inflicted danda blows on the doors of the car---However, from the…

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