Law: Pakistan Penal Code, 1860

Section: 34,324

Penal Code (XLV of 1860)--- ----Ss. 324 & 34---Attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Accused and co-accused persons were charged for attempting at the lives of the complainant and his companions through firing, due to which companion of complainant sustained injuries---Motive for the occurrence was an altercation between Chowkidar and complainant party---Record showed that complainant had charged three persons of the same family, father, son and grandson while assigning specific roles of effective firing---Complainant did not impute motive to the accused and his two co-accused which was ascribed as altercation and grappling between the complainant and Chowkidar, after they had a quarrel over staring by the said Chowkidar of plaza at the complainant where the occurrence took place---Accused and his co-accused were shown armed with firearms, without specifying their nature---Improvements and contradictions existed in the statements as some of the witnesses had showed the accused armed with pistols and others deposed that they were armed with pistols and Kalashnikovs---Complainant who was also the target as per the alleged motive escaped unhurt, while his companions received firearms injuries on vital parts of their bodies like knee, foot or thigh---Nature of injuries received by the injured, coupled with occurrence which was result of quarrel at the spur of moment, would raise question "about attempt at the lives of the complainant and his companions under S. 324, P.P.C."---Facts and circumstances of the case showed that there was complete darkness at 6.30 p.m. in the month of December (time of occurrence), source of light was not mentioned either in the FIR or in the site plan, but belatedly three bulbs were taken into possession by the Investigating Officer from the place of occurrence---Although, version of the prosecution was that light of the day was still there and darkness had not yet spread---Record transpired that accused and co-accused persons were not known to the complainant and the witnesses prior to the occurrence and they had emerged on the scene after altercation and grappling between…

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