Law: Pakistan Penal Code, 1860

Section: 302(b),324,337-A(ii),337-F(i),337-L(ii)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 324, 337-A(ii), 337-F(i), 337-L(ii)--Conviction and sentence--Challenge to-- Both deceased and injured witness were young lads, who were going to tuition Centre for study purposes, when appellants halted and caused injuries to them resulting into death of deceased--There exists no manner of doubt in my mind that prosecution has been succeeded to establish that deceased died due to 54he injuries sustained by him at hands of appellants and also caused injuries to injured person Nawaz but question remains as to whether it was an intentional murder or they had assaulted upon deceased and the’ injured witness in order to cause injuries to them--It is evident from record that all injuries on body of deceased except fracture of 5th metacarpal of right hand were simple in nature--Both deceased and injured witness were shifted to hospital on same day where deceased remain admitted for three days and he was discharged therefrom after getting medical treatment but on following day of discharge from hospital, succumbed to injuries--In post-mortem examination report Medical Officer did not give specific opinion regarding cause of death of deceased and deferred it till receipt of report from histopathology’s expert and clinical notes--After receiving of said report, he opined that cause of death was acute said offences--However, their sentences of Arsh in offence under Section 337-A(ii), PPC at rate of 5% of Diyat and sentence of Daman of Rs. 5000/- in offences under Sections 337-F(i) 337-L(ii), PPC shall remain intact. amount of Arsh and Diyat shall be paid within six weeks failing which, both convicts shall be taken into custody and kept in jail as simple imprisonment till its realization--Appeal was partly allowed. JUDGMENT Through the titled criminal appeal under Section 410, Cr.P.C., appellants Allah Bakhsh, Ijaz Ahmad, Mudassar Hassan, Asif Hussain and Tahir Ahmad have challenged the vires of judgment dated 25.03.2008 passed by the learned Additional Sessions Judge, Khushab in case FIR No. 08 dated 15.01.2007, in respect offences under Sections 302, 355, 337-A(ii), 337-F(i), 337-L(ii), 148149 PPC, registered at…

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