Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Pakistan Penal Code, 1860

Section: 324,337-D,34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 410--Pakistan Penal Code, (XLV of 1860), Ss .324, 337-D, 34--Conviction and sentence--Appeal against sentence was alleged firearm injury on victim by firing in presence of eye witnesses--Abscond for one month--Crime weapon 30 bore pistol without license permit--Formal charge was framed--Minor contradictions--Being victim of same occurrence by sustaining firearm injury on his person, presence of injured PW-2 is established without any doubt--His statement being worth credence cannot be discard on the basis of minor contradictions which do happen with passage of time as observed by the August Supreme Court--Appeal dismissed accordingly. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 410--Pakistan Penal Code, (XLV of 1860), Ss. 324, 337-D, 34--Appeal against conviction and sentence--Recovery of weapon as well as blood stained shirt of injured at the spot--Police officials relevant witnesses of recovery--Objections--Held: It is settled law that police officials are as good witnesses as other private witnesses unless it is proved that they have deposed against accused with ill-will mala-fide which is not situation before this Court in present case. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 337-C 337-D--Conviction and sentence--Challenge to--Injury--Cavity of trunk--Accused was sentenced under section 337-D which prescribes punishment for Jaifah whereas word Jaifah is defined in Section 337-C PPC--Plain reading of section 337-D shows that once injury extends to body cavity of trunk then that is Jaifah notwithstanding that any damage has been caused to any vital part of body or any evidence has been led by prosecution or not most particularly by keeping in view particular circumstances of present case. Trunk, Cavity of-- ----Definition of--Dorland’s Pocket Medical Dictionary (29th Edition)--Word trunk has been defined that (1) Main part of body to which head and limbs are attached. (2) A major, undivided and often short, part of a nerve, vessel, or duct--British Medical Association complete family health Encyclopedia defines word ‘trunk’ in the words, the central part of the body, comprising the thorax…

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