Law: Pakistan Penal Code, 1860

Section: 302(b),334

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 334--- Qatl-i-amd, itlaf-i-udw--- Reappraisal of evidence---Accused absconded soon after the occurrence and remained away from law for a considerable span of time---In this backdrop, prosecution's failure to recover the weapon, statedly used in the occurrence, faded into insignificance---Accused was certainly not expected to keep the gun for such a long period of time with him as a souvenir of his crime---Pellets fired by the accused covered both the thighs of the injured witness and it was in consequence thereof that the victim lost one of his legs---Clinical observations noted by the Medical Officer regarding the injuries, multiple in number, were consistent with the weapon held and used by the accused---Injuries recorded in the medico legal certificate coincided with the time of occurrence related in the crime report---Injured witness furnished graphic details of the occurrence with the support of other witnesses, each in comfortable unison with him---Conviction and sentence passed against the accused by courts below did not call for any interference---Petition for leave to appeal was dismissed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Bashir Ahmed Laghari, petitioner herein, alongside Muhammad Hussain and Waryam co-accused, since acquitted in a trial held earlier, had been arrayed in the Crime Report for murderous assault on Saleem Raza (PW-2) in the backdrop of a motive, arisen out of a brawl, settled in lieu of a compensation, partly paid to the injured. This happened in the view of the witnesses at 7:30 a.m. on 30-7-2008 within the precincts of Police Station Dadu. Multiple pellet injuries caused by a .12 caliber repeater wounded victim's both legs, one subsequently amputated. Petitioner stayed away from law and it was during his absence that co-accused Muhammad Hussain and Waryam were acquitted on 31.1.2013; they were assigned no role qua the victim; the petitioner contested indictment in the year 2017; the trial culminated into his conviction on 10.8.2017 for murderous assault as well as Itlaf-i-Udw, he was sentenced to 10-years and 5-years rigorous imprisonment respectively,…

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