Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: XVI(299to338-H),324,34,337-F(ii),337-N(2 )

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Chapter XVI (Ss.299 to 338-H) & Ss. 324/34/337-F(ii)/337-N(2)---Attempt to commit qatl-e-amd, common intention, ghayr-jaifah-badiah, cases in which qisas for hurt shall not be enforced---Bail, grant of---Overriding effect of S.337-N(2), P.P.C. over all other sections providing punishment for hurt---Scope---Allegation against the accused was that he fired at the complainant as a result of which the latter got injured on his left thigh---Alleged motive for the occurrence was a family dispute---Contentions of the accused were that the injury was self-inflicted and this fact could easily be gathered from the medico-legal report; that no recovery of blood or crime empty had been made from the spot; that the injury was simple and on non-vital part of the body, and that the accused at the time of the occurrence was in the company of his friends and in this respect affidavits were available on record---Validity---Although accused had been assigned a specific role but had it been his intention to kill the complainant then there would have been a repetition of fire, which was not done---Injury sustained by the complainant was on his thigh, which fell under S.337-F(ii), P.P.C., entailing punishment of payment of 'Daman' and imprisonment which might extend to three years as 'Tazir'---Reading of Ss.324, 337-F(ii) and 337-N(2), P.P.C., showed that the said sections did not supplement each other and rather were at variance from each other---Punishment provided under S.324, P.P.C., was imprisonment with fine under 'Tazir' and the word "shall" had been used therein, making it mandatory in nature, whereas the punishment provided for the offence of hurt was the payment of arsh or daman as the case might be, which was mandatory and the award of imprisonment of various terms without any fine had been left to the discretion of the court---Provisions of S.337-N(2), P.P.C, overrode S.324, P.P.C., and all other sections providing punishment for offences of hurt contained in the chapter---Section 337-N(2), P.P.C. began with the non obstante clause i.e., "notwithstanding anything contained in this chapter…

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