Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Arms Ordinance (XX of 1965)

Section: 13

Law: Pakistan Penal Code, 1860

Section: 324,34

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 324/34---Pakistan Arms Ordinance (XX of 1965), S. 13---Attempt to commit qatl-e-amd, common intention, possession of illegal weapons---Bail, grant of---Further inquiry---Infliction of injury on non-vital part of body---Non-repetition of fire---Case of cross-versions---Negative report of firearm expert---Effect---Accused was alleged to have fired at the complainant, which hit him on his thigh---Only a single fire shot was attributed to accused, hitting complainant on his left thigh, which was a non-vital part of the body---No bone of complainant had been fractured---Accused did not repeat fire even though he had sufficient time and complainant was at his mercy---Question as to whether S.324, P.P.C. could be invoked in such circumstances was a question which could be resolved by the Trial Court after considering the relevant evidence---Accused had recorded a cross-version of the incident with the police---Firearm expert had given a negative report regarding the weapon and empties recovered from the spot--- Case of further inquiry was made out--- Accused was allowed bail in circumstances. 1996 SCMR 1845; 2011 PCr.LJ 1635; 2011 YLR 191 and 2011 YLR 2736 ref. JUDGMENT WAQAR AHMAD SETH, J.---Shahzeb Khan seeks his post arrest bail in case F.I.R. No.348 dated 22-10-2012 for offences chargeable under section 324/34 of Pakistan Penal Code, 1860 read with section 13, A.O. registered in Police Station Sarai Saleh, District Haripur. 2. The case of the prosecution, as set up in the F.I.R., is that the complainant Sher Khan so of Karam Khan on 22-10-2012 at 14.10 hours, in injured condition, reported to the police in Emergency Ward, DHQ Hospital, Haripur that Shahzeb son of Aurangzeb had installed a drain on the roof of his house, as a result, the water was falling inside the courtyard of his house; that at about 01.30 hours he along with his son Jameel was closing the said drain on the roof, when Aurangzeb son of Karam Khan came there and he caught hold of him and his son Shahzeb fired at him with the pistol, as a result, he was hit at his left thigh and became injured; that there was no…

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