Law: Penal Code (XLV of 1860)

Section: 320,337-G,427,279

Penal Code (XLV of 1860)--- ----Ss. 320, 337-G, 427 ,  279---Qatl-i-khata by rash and negligent driving, hurt by rash and negligent driving, mischief and thereby causes loss or damage to the amount of fifty rupees or upward, rash driving or riding on a public way---Appreciation of evidence---Prosecution case was that the accused while driving car hit a motorcycle, upon which a man and a lady, received serious injuries and resultantly man expired---Record revealed that none of the prosecution witnesses stated that the accused was driving rashly and negligently---Sole ocular witness/injured lady did not state that the accused was driving rashly and negligently, she only stated the fact of the occurrence---Occurrence had not been denied---Collusion between car and motorcycle had to determine factor because mere high speed could not put responsibility of driver for the accident until and unless established that the accused was driving rashly and negligently---Court had to see contributory negligence of the driver of the second vehicle/motorcycle as well---In the present case, the Trial Court had overlooked that aspect and passed the impugned which was based on presumption---Appeal against conviction was allowed, in circumstances. Farmanullah’s case 2007 PCr.LJ 1393; Mian Muhammad Latif v. The State PLD 1966 SC 201 and Khair Muhammad Shah v. State 2018 PCr.LJ 914 rel. JUDGMENT ABDUL HAMEED BALOCH, JUSTICE:---.--- This Criminal Appeal has been filed by the appellant against the judgment dated 03.08.2021 (‘the impugned judgment’) passed by the learned Additional Sessions Judge, Uthal (‘the trial court’), whereby the appellant was convicted and sentenced as under: ‘Therefore, the accused Juma Khan son of Bostan is convicted and sentenced under section 320, P.P.C. for five years’ R.I. and shall also pay Diyat amount Rs.2,777,353/- (Rupees Two Million Seven Hundred Seventy Thousands Three Hundred Fifty Three only) equal to 30630 grams of silver to the legal heirs of deceased Rasool Bakhsh. In case of non-payment of Diyatamount the accused shall be dealt under section 331(2), P.P.C. The accused also convicted under section 337/G, P.P.C. and sentenced for (01) year’s…

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