Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 324 & 337-F(ii)---Attempt to commit qatl-e-amd, causing badi'ah---Appreciation of evidence---Three accused were charged in the F.I.R., two accused had not been assigned the role of effective firing, while accused fired at the complainant as a result of which complainant sustained injury---Being brother of the complainant, identity of accused could not be doubted---Venue was established as blood-stained earth had been recovered from the spot---Accused, after the commission of offence absconded and warrant under S.204, Cr.P.C. and proclamation under S.87, Cr.P.C. were issued against him---Medical evidence confirmed that the injury sustained by the complainant was caused with fire-arm---Matter had been reported within reasonable time---Statement of complainant had properly been appreciated by the Trial Court and conviction of accused was well reasoned---Appeal was dismissed. JUDGMENT LIAQAT ALI SHAH, J.---This appeal is directed against the judgment of learned Additional Sessions Judge-II, Takht Bhai dated 7-7-2010 vide which the appellant has been convicted and sentenced as follows:-- Under section 324, P.P.C., 3 years' R.I. with fine of Rs.20,000, in default SI for six months. Under section 337-F(ii), P.P.C., one year's R.I. and Rs.50,000 compensation, payable to the complainant with benefit of section 382-B, Cr.P.C. The sentences have been directed to run concurrently. 2. On 24-8-2009 at 22:15 hours Jamshed son of Mira Jan complainant, in injured condition, reported to the police in Civil Hospital Mardan to the effect that on the eventful day after Aftari he was standing in front of his home when at the relevant time his brother Taj Muhammad (the appellant), Gul Wahid and Shaukat son of Gul Wahid came there duly armed; that the appellant Taj Muhammad fired at him as a result of which he sustained injury. Motive for the offence is dispute over house. 3. The murasila is Exh.PA/1 on the basis of which F.I.R. (Exh.PA was recorded. The complainant was medically examined vide Exh.P.W.7/1 and a fire-arm injury with corresponding exit on the right buttock was found on his person. 4. During spot…

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