Law: Pakistan Penal Code, 1860

Section: 279,318,320,427

Law: Criminal Procedure Code (V of 1898)

Section: 161,173,340(2),342,382B

(a) Penal Code (XLV of 1860)--- ----Ss. 279 & 320---Qatl-i-Khata, rash driving on public way---Applicability of Ss.279 & 320, P.P.C. jointly---Scope---Sections 279 & 320, P.P.C., would show that they apply to two different situations: Offence is committed under S. 279, P.P.C. where rash or negligent driving or ride on a public way endangers human life but where such driving causes death of a person, S.320, P.P.C. would be attracted---Offender cannot be legally convicted under Ss. 279, P.P.C. & 320, P.P.C. simultaneously. Terence Anthony D' Casta v. The State 1969 PCr.LJ 1228; Muhammad Bakhsh v. The State 1976 PCr.LJ 405; Muhammad Akhtar v. The State 1980 PCr.LJ 103 and Muhammad Sarwar v. The State 1995 PCr.LJ 1152 ref. Santa Prasad Singh v. Thakur Harkishore Prasad Singh AIR 1939 Patna 389; Badshahzada v. The State 1993 PCr.LJ 699; Haris Khan v. The State PLD 1993 Pesh. 146 and Muhammad Hanif v. The State 1984 PCr.LJ 746 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 320, 279 & 427---Qatl-e-Khata, rash driving on public way and mischief causing damage---Appreciation of evidence---Benefit of doubt---Culpability in cases of rash and negligent driving---Determination---Principles summarized---Accused was charged for causing death of deceased due to rash and negligent driving---Prosecution case was that vehicle, which was being negligently and rashly driven by accused, collided with the motorcyclist (deceased), who as a result, fell on the road and sustained head injury, complainant and witnesses rushed the injured to the hospital but he succumbed to the injury on the way---Trial Court convicted and sentenced the accused under Ss. 279 & 320, P.P.C., separately---In the present case, since the accident took place and deceased was killed, S. 279, P.P.C. did not apply and the offence would squarely fall within the ambit of S. 320, P.P.C.---Accused's conviction and sentence under S. 279, P.P.C. was illegal---Ocular account of the accident was furnished by three witnesses including complainant---Said witnesses had deposed that on 8.11.1998 at 11.50 a.m., a vehicle driven by the accused collided with the motorcycle of deceased who sustained head injury---Medical Officer…

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