Law: Penal Code (XLV of 1860)

Section: 324,337-F(iii)

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Penal Code (XLV of 1860)--- ----Ss. 324 337-F(iii)---Attempt to commit qatl-i-amd, mutalahimah---Appeal against acquittal---Appreciation of evidence---Benefit of doubt---Single fire shot---Delayed FIR---Non-production of blood-stained clothes---Failure to secure blood-stained earth and empties---Effect---Prosecution case against accused persons was that they fired at the injured with intent to commit his murder---FIR was lodged after three days of the occurrence but no explanation was provided for the delay---Accused persons had not repeated the fire shot---Such act of the accused persons prima facie reflected that they had no intention to commit murder of the injured, which controverted the applicability of S.324, P.P.C.---Injured had received injuries through and through but neither blood stained earth, nor blood stained clothes or empties from the place of incident were collected by the Investigating Officer---Trial court had rightly come to the conclusion that reasonable doubt was created in the prosecution case and its benefit was rightly extended to the accused persons---Appeal against acquittal was dismissed, circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 417---Appeal against acquittal---When accused person is acquitted by a Court of competent jurisdiction, then double presumption of innocence is attached to its , with which the superior courts do not interfere unless the of acquittal appeared to be vague, perverse and arbitrary or against the record. ORDER AFTAB AHMED GORAR, JUSTICE:---.--- Through this acquittal appeal the appellant/complainant, namely, Aizaz Ali Shah has impugned the judgment dated 08.12.2017 passed by I-Additional Sessions Judge, Ghotki in Sessions case No.120/2016 arising out of crime No.22/2016 under sections 324, 337F(iii) P.P.C. Police Station, A-Section Ghotki district, Ghotki, whereby the respondents Javed Ahmed alias Javed and Abdul Hameed were acquitted by extending benefit of doubt to them. 2. Brief facts of the prosecution case are that on 23.01.2016 complainant Aizaz Ali got registered the FIR at Police Station, A-Section, Ghotki stating therein that Hassan Shah aged about 37 years is his elder…

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