Case Details

Citation(s)
2022 SLG 2049 2022 SLD 2049 2022 PLJ 1267
Lahore High Court
Crl. Misc. No. 23859-B of 2022, decision dated: 17.5.2022. hearing date: 17.5.2022
CH. ABDUL AZIZ, J.
Sardar Khurram Latif Khan Khosa, Advocate for Petitioner. Ms. Noshe Malik, Deputy Prosecutor General for State. Mr. Muhammad Ijaz Khan, Advocate for Complainant.

MUHAMMAD AZAM

VS

STATE and another

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 324/109/34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 324/109/34-- Post arrest bail, dismissal of--Attempt to murder--Three successive shots fired three successive shots and the bullets hit on the right calf and thigh--After the receipt of firearm injuries, injured fell on the ground and petitioner inflicted two more pistol shot injuries on the left calf and thigh--Section 324 PPC was inserted to cater to need of dealing with the offence of attempt to commit murder-Act of the accused committed with intention and knowledge--The intention of an accused manifests the moment he presses the trigger of his weapon while pointing it towards living human being--More importantly in case of successive fire shots--Formal vein/artery and popliteal vein/artery are located in the thigh and calf which if damaged can lead to the death of a person within five to seven minutes-- During investigation, petitioner was found fully involved--Petition is dismissed. [Pp. 1268, 1270, 1271, 1272 1273] A, B, C, D, E, F, G Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 324--Attempt to commit Qatl-i-Amd--Section 324 PPC was inserted to cater to need of dealing with the offence of attempt to commit murder.[P. 1270] B PLD 1989 SC 633 ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 324--Attempt to commit Qatl-i-Amd--Act of the accused committed with intention and knowledge to commit qatl-i-amd was made punishable--Attempt of Qatl-i-Amd is equated to actual Qatl-i-Amd which has been defined in Section 300, PPC--For attempt at qatl which has been equated to Qatl-i-Amd is opening part of section 324 PPC. If hurt is caused, the offender is to be triable for punishment provided for the hurt caused.[Pp. 1270 1271] C D PLD 1994 Lahore 344 ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 324--Attempt to commit Qatl-i-Amd--The intention of an accused manifests the moment he presses the trigger of his weapon while pointing it towards living human being.[P. 1272] E Sardar Khurram Latif Khan Khosa, Advocate for Petitioner. Ms. Noshe Malik, Deputy Prosecutor General for State. Mr. Muhammad Ijaz Khan, Advocate for Complainant. hearing date:…
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