| Citation(s) |
|---|
| 2020 SLG 1073 2020 SLD 1073 2020 MLD 679 |
Lahore High Court
Criminal Miscellaneous Nos. 59949-B, 1 and 2 of 2019, decided on 14th November, 2019.
SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE
Rana Nawazish Ali Khan for Petitioner. Muhammad Ahmed Saeed, D.P.G. for the State with Ashraf, S.I. Rai Khadim Hussain Kharal for the Complainant.
Criminal Miscellaneous Nos. 59949-B, 1 and 2 of 2019, decided on 14th November, 2019.
SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE
Rana Nawazish Ali Khan for Petitioner. Muhammad Ahmed Saeed, D.P.G. for the State with Ashraf, S.I. Rai Khadim Hussain Kharal for the Complainant.
MUHAMMAD JAFFAR
VS
THE STATE AND ANOTHER
Law: Penal Code (XLV of 1860)
Section: 337-C
(a) Criminal Procedure Code (XLV of 1860)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324, 337-D & 34---Attempt to commit qatl-i-amd, jaifah, common intention---Bail, refusal of---Recovery of weapon of offence---Delay in lodging FIR not attributable to complainant party---Effect---Accused was alleged to have caused chhuri blow to the injured---Held; accused was nominated in the FIR with a specific role of causing a chhuri blow in the belly of the injured, which extended to his body cavity---Chhuri blow had not only entered in the body cavity but had also affected the left lung, which was a vital part of body---Offence under S.337-D, P.P.C. was fully attracted to the present case---Accused contended that there was an unexplained delay of three days in reporting the matter to the police---Medico-Legal Certificate of the injured transpired that he was removed to the hospital in the company of a police constable, meaning thereby, the matter was promptly reported to the police, as such, the delay was not attributable to the complainant---Chhuri, during the investigation, was recovered on the pointation of accused---Accused was found guilty during the course of investigation---No apparent conflict existed in the ocular, medical and recovery evidence---Prima facie, sufficient material was available on record to connect the accused with the commission of the alleged offence, therefore, he was not entitled to the concession of post-arrest bail---Petition for grant of bail was dismissed, in circumstances. (b) Penal Code (XLV of 1860)--- ----S.337-C---Jaifah---"Body cavity", meaning---Scope---Section 337-C, P.P.C. provides that whoever causes Jurh in which the injury extends to the "body cavity" of the trunk is said to cause "Jaifah"---Word 'body cavity' means a body part under which vital organs are located, and if an injury penetrates into body cavity and then enters that part of body wherein vital organs are located only then that can be treated as "Jaifah" and punishment can be awarded accordingly. ORDER Criminal Miscellaneous No. 1 of 2019 SARDAR MUHAMMAD SARFRAZ DOGAR, J.---This petition under section 561-A, Cr.P.C. for placing copies of documents mentioned in…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492