Law: Penal Code (XLV of 1860)

Section: 324,337-D,34

(a) Penal Code (XLV of 1860)--- ----Ss.324, 337-D 34---Attempt to commit qatl-i-amd, jaifah, common intention---Appreciation of evidence---Statement of witnesses---Consistence---Scope---Prosecution case was that the accused and his co-accused stopped the nephew of complainant and fired at him whereby he sustained injury on left side of his chest---Dispute over the thoroughfare was mentioned as the motive behind the occurrence---Perusal of the record would reveal that the occurrence had taken place in daylight wherein injured sustained firearm injury by the firing of present accused in presence of eye-witnesses out of whom complainant appeared before the court as witness whereas the injured himself appeared in the witness box, being victim of the same occurrence by sustaining firearm injury on his person---Presence of the injured at the spot was established without any doubt---Statement of injured being worth credence could not be discarded on the basis of minor contradictions which did happen with the passage of time---Statement of complainant corroborated the narrations of the injured witness---Statement of both the said witnesses were consistent on material particulars of the occurrence and there was no reason for them to implicate an innocent person in the case---Testimony of said witnesses was rightly relied upon by Trial Court for convicting the accused---Circumstances established that could not make out a case for interference in the impugned , therefore appeal, being devoid of merits, was dismissed, in circumstances. Mawas Khan v. The State and another PLD 2004 SC 330 rel. (b) Criminal trial--- ----Witness---Interested and related witness---Reliance---Scope---If the courts got the satisfaction that no innocent person was implicated along with the guilty, the court could consider the statement of an interested witness, if corroborated through independent source. Riaz Hussain v. The State 2001 SCMR 177 rel. (c) Penal Code (XLV of 1860)--- ----Ss.324, 337-D 34---Attempt to commit qatl-i-amd, jaifah, common intention---Appreciation of evidence---Ocular account supported by medical evidence as well as recoveries---Scope---Prosecution case was that the accused…

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