Law: Pakistan Penal Code, 1860

Section: 324

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 324--Sentence--Reduced from four years to three years imprisonment--Ocular account--Delay of 5 days--Recovery of crime empties--No use for prosecution--Validity--From ocular account it is clear that neither they were present at place of occurrence nor they have described locale of injury properly nor they deposed in line with prosecution story, so from their deposition it is clear that police was present on first day of occurrence at place of occurrence--When no crime empty was recovered nor it was wedded with any such crime empty, even otherwise investigating officer has observed that infact Muhammad Nawaz was armed with pistol 30-bore at time of occurrence--During investigation he has not collected any blood-stained earth, blood-stained clothes or any other incriminating material--He admitted that he did not sent pistol to Punjab Forensic Science Agency in order to get functionality test so as to prove that it was an effective weapon--There are many doubts in prosecution case--Overall situation and facts reflects that case of prosecution does not have much credence and was not proved upon standard required as beyond reasonable doubt, therefore, benefit of doubt is extended to petitioner; as such, this criminal revision is allowed, conviction and sentence awarded to petitioner by both lower Courts are set aside, he is acquitted of charges levelled against him is on bail.[Pp. 462 463] A, B, C D JUDGMENT Muhammad Ahmad, petitioner was indicted on the charge of causing fire-arm injury with pistol 30-bore which hit on the left shin of Muhammad Nawaz. He was prosecuted in case FIR No. 203, dated 03.07.2012 registered under Section 324, PPC at Police Station Saddar Samundari District Faisalabad and vide judgment dated 27.04.2016 passed by learned Magistrate 1st Class, Faisalabad he was convicted and sentenced as under: 1.Simple imprisonment for four years under Section 324, PPC with fine of Rs.10,000/-, in default thereof to further undergo one week simple imprisonment. 2.Sentenced to pay Daman Rs.25,000/-. He shall remain in jail till payment of total Daman. Benefit of Section 382-B Cr.P.C. was extended to him. The…

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