Law: Pakistan Penal Code, 1860

Section: 279,320,337-G,427

Law: Criminal Procedure Code (V of 1898)

Section: 161,173,340(2),342,382B,435,439

(a) Penal Code (XLV of 1860)--- ----S. 320---Criminal Procedure Code (V of 1898), S. 439---Qatl-i-Khata---Appreciation of evidence--- Rash and negligent driving---Proof---Identification parade, non-conducting of---Three persons died in an accident with a tractor-trolley allegedly driven rashly and negligently by accused during night hours---Trial Court convicted accused and sentenced him for simple imprisonment for one year on three counts and to pay diyat in sum of Rs. 31,55,542/- to legal heirs of deceased---Validity---Prosecution witnesses had made only general statement that they sustained injuries in occurrence but did not specify any of them---Prosecution did not produce Medico-legal Certificates of said witnesses, which was of vital importance to confirm their presence at the spot---Trial Court, owing to lack of evidence had acquitted accused of the charge under S. 337-G, P.P.C. and neither State nor complainant filed appeal thereagainst---Prosecution witnesses did not know the accused prior to accident yet they positively nominated him for driving tractor-trolley---Driver having fled from the scene immediately after the occurrence, it was doubtful whether they even had his glimpse in darkness of night---No identification test parade was held---High Court set aside conviction and sentence of accused as prosecution had failed to prove its case against accused beyond reasonable doubt and passed by Trial Court suffered from gross misreading/non-reading of evidence---Revision was allowed in circumstances. Javed Khan alias Bachha and another v. The State and another 2017 SCMR 524; State through Advocate-General, N.W.F.P. v. Mohib Gul 1989 ALD 187(2); Muhammad Sarwar v. The State 1995 PCr.LJ 1152; Ravi Kapur v. State of Rajasthan AIR 2012 SC 2986 = 2013 SCMR 480; Muzaffar Ali alias Nannah v. The State 1999 MLD 567; Ghulam Mustafa v. The State 2004 PCr.LJ 1869; Muhammad Luqman v. The State PLD 1970 SC 10 and Muhammad Jamshaid and another v. The State and others 2016 SCMR 1019 rel. (b) Penal Code (XLV of 1860)--- ----S. 320---Qatl-i-Khata by negligent and rash driving---Determination---Qatl-i-Khata by rash and negligent driving is a distinct category of offences…

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