Law: Criminal Procedure Code (V of 1898)

Section: 498,497

Law: Penal Code (XLV of 1860)

Section: 324

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S. 324---Attempt to commit qatl-i-amd---Pre-arrest bail, grant of---Further inquiry---Scope---Complainant (wife) alleged in the FIR that the accused (husband) attacked her with a knife in their house with the intention of killing her and she received a stab wound in her abdomen as a result of the attack---Allegation was denied by the accused by claiming that the complainant became enraged and violent as he had divorced her and the stab wound was inflicted by her in her abdomen with a knife in order to take revenge from him---Admittedly, the knife from which the injury was allegedly caused was never recovered either from the accused or from the scene of the alleged crime---In the present case, there were two eye-witnesses of the incident, a neighbour of the parties and a minor daughter of the complainant---Neighbour had stated in his statement under S. 161, Cr.P.C., that the injury was inflicted by the complainant herself---Minor daughter of the complainant had disclosed to the police that her mother had stabbed herself in the abdomen with a knife---Both eye-witnesses had supported the version of the accused---Medico legal report did not specify whether the wound was self-inflicted or otherwise although the medico legal officer was competent enough to identify such nature of the wound and to mention it in his report---Case of accused was one of further inquiry---Petition for grant of pre-arrest bail was allowed, in circumstances. Saqib and others v. The State and others 2020 SCMR 677; Farooq Khan and another v. The State and another 2020 YLR 292; Rehman alias Peer v. The State and another 2017 YLR Note 428 and Ehsanullah v. The State 2012 SCMR 1137 ref. Muhammad Jahangir Khan and others v. The State and others 2020 SCMR 1270; Habibullah Jan and another v. The State through A.G. Khyber Pakhtunkhwa and others 2020 SCMR 1278; Muhammad Arshad and another v. The State and another 1996 SCMR 74; Muhammad Irshad and others v. Amanat Ali and another 2004 SCMR 1375; Muhammad Aslam and another v. The State 2007 SCMR 1412 and Muhammad Sadiq and others v. The State and another 2015 SCMR 1394…

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