Law: Penal Code (XLV of 1860)

Section: 324,337-F

(a) Penal Code (XLV of 1860)--- ----Ss. 324 337-F---Attempt to commit qatl-i-amd, ghayr-jaifah, badiah---Appreciation of evidence---Benefit of doubt---Scope---Accused was convicted for having attempted at the life of the complainant by making a fire shot---Site plan depicted that at the time of incident the complainant was going to rescue his womenfolk from the clutches of the persons who were busy in beating them and the accused was shown to be sitting in ambush on the top of a nearby hill---In such eventuality when the complainant was proceeding towards the womenfolk then it was his chest which was exposed to the accused as by the time he allegedly received the firearm injury he had not crossed the place where the accused was shown present---Entry wound did not find its exit to the front and it belied the stance of the complainant---Investigating officer had not associated any independent witness to confirm as to what the complainant had stated---Impugned was set aside and the appeal was allowed. (b) Criminal Procedure Code (V of 1898)--- ----S. 410---Appeal---Duty of Appellate Court---Scope---Bounden duty of the court of appeal to apply its judicious mind and scan the available record as an appeal is the continuation of the proceedings. JUDGMENT SAHIBZADA ASADULLAH, J.--- The appellant Zahidullah has called in question the judgment dated 09.04.2021, rendered by learned Sessions Judge, Karak, whereby the appellant has been convicted under section 324, P.P.C. for effective firing at the complainant Mehraban Shah and sentenced for rigorous imprisonment of three (03) years and fine of Rs.20,000/- or in default thereof, to undergo two months simple imprisonment. He was further convicted under section 337-F(ii), P.P.C. and sentenced to two (02) years rigorous imprisonment with payment of Daman amounting to Rs.50,000/- and till the payment of Daman, he shall be kept in jail and he shall be dealt with in the manner as if he is sentenced to simple imprisonment unless Daman is paid to the injured complainant Mchraban Shah. Benefit of section 382-B, Cr.P.C. has also been extended to the convict. 2. The complainant Mehrban has also filed Cr. R. No. 28-B of 2021, for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492