Law: Pakistan Penal Code, 1860

Section: 337-F(vi)

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,382B

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 337-F(vi)--Co-accused acquitted on the same evidence--Appreciation of evidence--Acquittal of--Petitioner gave below with stick hitting at left knee--Case of the present petitioner is at per with the case of other accused and both have been attributed similar role except with difference of locale i.e. petitioner gave below with stick at right knee of complainant; difference of locale and magnitude of injury makes no distinction and their case shall be treated similar and at per with each other--Revision petition is allowed and the petitioner is acquitted of the charge. 2018 SCMR 344; PLD 1985 SC 11; 2000 SCMR 1758; 2004 SCMR 1185; 2008 SCMR 6; 2018 SCMR 2118; 2019 SCMR 274 ref. THIS JUDGMENT DELIVERED BY: FAROOQ HAIDER, JUSTICE---.--- This criminal revision petition has been filed against impugned judgment dated 20.03.2012 passed by learned Additional Sessions Judge, Khanpur/Appellate Court, whereby appeal filed by Bashir Ahmad petitioner against impugned judgment dated 31.01.2012 passed by learned Magistrate Ist Class, Khanpur/trial Court whereby petitioner has been convicted under Section 337-F(vi), PPC and sentenced to three years rigorous imprisonment with payment of daman Rs. 50,000/- to complainant/injured Ishfaq Ahmad along with benefit of Section 382-B, Cr.P.C., has been dismissed. 2. Brief facts, as per Fard Bayan (Ex.PA) got recorded by Ishfaq Ahmad complainant/PW-1 to Abdul Karim SI in Civil Hospital Khanpur, on the basis of which formal FIR No. 479/2003 dated 15.10.2003 under Sections 337-F(vi), PPC at Police Station Sadder Khanpur (Ex.PA/1) was registered, are that he is resident of Mouza Jam Pur and is farmer by profession; on 13.10.2003 at about 05:30 p.m. he along with Irshad Ahmad was cutting fodder for his cattle in his field when accused Noor Ahmad, Manzoor Ahmad, Nazir Ahmad, Bashir Ahmad, Khalil Ahmad, Faiz Bakhsh sons of Muhammad Yousaf armed with sticks (Soties), Kalu, Fida Hussain armed with pistol .12-bore, Ghulam Haider armed with sota sons of Nabi Bakhsh came there and raised lalkara to teach a lesson to Irshad Ahmad for developing illicit relations with wife of Noor Ahmad where-after…

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