Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 336 & 337-F(iii)---Attempt to commit qatl-e-amd--Appreciation of evidence---Benefit of doubt---Accused had been charged for inflicting single shot, which resulted into causing of simple injury on non-vital parts of the body of the complainant---Accused having not repeated the shot, his intention to kill was not apparent on the face of record---Eye­witnesses in the case were complainant and his wife who had a land dispute and the parties were hostile towards each other---Charge under S.324, P.P.C. having not been proved against accused beyond reasonable doubt, accused was acquitted of the charge under S.324, P.P.C. granting him benefit of doubt---However, as the occurrence took place in a broad daylight and accused had extended fire shot on the upper muscle of the arm of complainant, offence would be covered under S.337-F(iii), P.P.C.; punishment prescribed therefor was that accused would be liable to `Daman' and could also be punished with imprisonment of either description of a term which could extend to three years as Tazir---Appeal was partly allowed and conviction and sentence recorded under Ss.324/336, P.P.C. were set aside and accused was acquitted of the charges---Accused, however was convicted and sentenced under S.337-F(iii), P.P.C. to the imprisonment already undergone and he was directed to pay Rs.50,000 as Daman to the complainant. PLD 1977 Kar. 726; PLD 1964 (W.P.) Kar. 264; 1993 PCr.LJ 1760; 2010 SCMR 1009; 2002 YLR 908; PLJ 2008 Cr.C. Lahore 279(sic); 1998 MLD 1400 and 1999 SCMR 2783 ref. (b) Penal Code (XLV of 1860)--- ----S. 337-F(iii)---Madihah to any person---Punishment of Daman---Value of Daman, determination of---Value of Daman could be determined by the court keeping in view the expenses incurred on the treatment of victim; loss or disability caused in the functioning or power of any organ; and compensation for anguish suffered by the victim---Prosecution, in the case had neither brought on record any certificate of expenses incurred on the treatment of victim nor any certificate showing loss or disability caused in the functioning or power of any organ to enable the court for determining…

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