Law: Penal Code (XLV of 1860)

Section: 324,336

Penal Code (XLV of 1860)--- ----Ss. 324 & 336---Attempt to commit qatl-e-amd, causing hurt "itlaf-i-salahiyyat-i-udw"---Appreciation of evidence---Presence of eye-witnesses on the spot at the relevant time was natural and they had completely described the mode and manner of the occurrence without being shattered in cross-examination---Relationship of prosecution witnesses with the complainant or the injured person could not destroy their testimony---Occurrence was admitted---Accused was also closely related to the ocular witnesses---Prosecution was at liberty to produce evidence of its own choice and non production of any prosecution witness by it at the trial would not create any crack in the prosecution version---Minor discrepancies in prosecution evidence were insignificant---Trial Court had appreciated the evidence on record in its true perspective---Impugned judgment was well reasoned and did not suffer from any infirmity-Appeal was dismissed in circumstances. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Zarrar Hussain son of Muhammad Hussain, caste Rangrez, resident of Cliak No.421/G.B. Tehsil Tandalianwala, District Faisalabad, was involved in case F.I.R. No.663, dated 13-6-1998, offence under sections 336, 324, 109, P.P.C., registered at Police Station Tandalianwala, and was tried by Mr. Muhammad Afzal Khokhar, learned Additional Sessions Judge Tandalianwala, District Faisalabad, who vide judgment dated 17-7-2008 convicted the appellant under section 324, P.P.C., and sentenced him R.I. for ten years with fine of Rs.20,000 and in case of default in payment of fine, to further undergo R.I. for six months. The appellant was also convicted under section 336, P.P.C., and sentenced to pay Arsh equal to Diyat and also to suffer R.I. for seven years. 2. The prosecution case as contained in the F.I.R. (Exh.PB/1) lodged on the complaint (Exh.P B) is that the complainant is resident of Chak No.421/C.B and labourer. His niece Mst. Nasreen Bibi has been married with Zarrar Hussain accused 2-1/2 years prior to the occurrence and this wedlock gave birth to a son. Four years earlier Zarrar Hussain accused divorced his first wife. The uncle of the…

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