Law: Pakistan Penal Code, 1860

Section: 324

(a) Penal Code (XLV of 1860)------S. 324---Attempt to commit qatl-i-amd---Reappraisal of evidence---Petition for enhancement in sentence, dismissal of---Occurrence was a daylight affair inside a village mosque at a point of time where the presence of witnesses could not be viewed as improbable---Incident was reported to the police with remarkable promptitude, followed by medical examination that conclusively confirmed receipt of three fire shots with a lethal weapon---Survival of the victim was nothing less than a miracle; he came forward to unambiguously point his finger upon the accused, who was a solitary assailant at the scene---Plea on behalf of accused that three consecutive fire shots hitting different parts of the body did not constitute ‘intention or knowledge’ and circumstances contemplated by section 324 of P.P.C. could not be accepted---Primary punishment for a murderous assault was imprisonment that may extend to 10-years; punishment provided for the injuries was, in addition thereto, so as to monetarily compensate the victim, having no indemnifying effects on the former---Sentence of imprisonment for 4 years as imposed by the High Court with direction to pay monetary compensation in terms of Daman was maintained---Petition for leave to appeal seeking enhancement in sentence of accused was dismissed, and leave was refused. (b) Penal Code (XLV of 1860)--- ----S. 324---Attempt to commit qatl-i-amd, offence of---Scope---Aftermaths of a deadly assault particularly by a firearm cannot be quantified on the touchstone of degree of concomitant violence experienced by a victim; it is not his perseverance or endurance that determines assailant’s culpability nor intervention by providence presents him any extenuating option; it is solely his own conduct that decisively determines the intention regardless of the consequences thereof. ORDER: QAZI MUHAMMAD AMIN AHMED, JUSTICE:----.---- Indicted for murderous assault, Muhammad Anwar, petitioner, was returned a guilty verdict by a learned Addl. Sessions Judge at Banda Daud Shah, District Kark; convicted under section 324 of the Pakistan Penal Code, 1860, he was sentenced to 8-years RI with a direction to pay fine;…

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