Law: Criminal Procedure Code (V of 1898)

Section: 28,29,30,34,Second Schedule

Law: Pakistan Penal Code, 1860

Section: 299,324,334,336

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 28, 29, 30 & 34 & Second Sched.---Penal Code (XLV of 1860), Ss. 324, 334 & 336---Magistrate (First class)---Power to try offences under Ss. 324, 334 & 336, P.P.C.---Scope---According to the Second Schedule to the Code of Criminal Procedure, 1898 ("Cr.P.C.") an offence under S. 324, P.P.C. was triable by a Court of Session---Said Schedule had been appended to Cr.P.C. by virtue of the provisions of S. 28, Cr.P.C. whereas S. 30, Cr.P.C. clearly provided that notwithstanding anything contained in Ss. 28 & 29, Cr.P.C., the Provincial Government may invest any Magistrate of the first class with power to try as a Magistrate all offences not punishable with death---In the present case, the trial of the accused was conducted by a Magistrate invested with such power under S. 30, Cr.P.C. and, thus, there was no jurisdictional infirmity vis- -vis the authority of the concerned Magistrate to try the accused for offences under Ss. 324, 334 & 336, P.P.C.---Section 34, Cr.P.C. provided that the Court of a Magistrate specially empowered under S. 30, Cr.P.C. may pass any sentence authorized by the law except the sentence of death or imprisonment for a term exceeding seven years but such limitation on the sentence to be passed by a Magistrate only regulated the punishment and not the jurisdiction of the Magistrate to try an offence---Appeal was dismissed in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 299---Diyat---Scope---By virtue of the provisions of S. 299, P.P.C., diyat was relevant only to a case of death of a victim. (c) Penal Code (XLV of 1860)--- ----Ss. 324, 334 & 336---Qatl-i-amd, itlaf-i-udw, itlaf-i-salahiyyat-i-udw---Reappraisal of evidence---Occurrence had taken place in broad daylight---First Information Report had been lodged with sufficient promptitude and the accused had been named in the FIR as the principal perpetrator of the alleged offences---Firearm injuries on the thigh, penis and below the belly of the victim had been attributed to the accused in the FIR---Eye-witnesses produced by the prosecution included the injured victim and the ocular account furnished by the…

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