Law: Pakistan Penal Code, 1860

Section: 324,337-F(ii)

Penal Code (XLV of 1860)--- ----Ss. 324 & 337-F(ii)---Attempt to commit qatl-e-amd, causing badi'ah to any person---Appreciation of evidence---Accused was singularly charged for effective firing---Incident was a broad-daylight occurrence and accused and complainant both being cousins inter se, question of mistaken identity did not arise---Version of complainant was corroborated by medical evidence---Blood stained trouser of the complainant taken into possession and his blood secured from the crime venue, were sent to the Forensic Science Laboratory, report whereof revealed that it was a human blood and of the same group---All those pieces of circumstantial evidence corroborated the ocular account furnished by injured complainant---Contention of defence counsel that as prosecution witness had not supported the prosecution case, accused was entitled for acquittal, was not tenable---Prosecution witness had admitted that site plan was prepared on his pointation by Investigating Officer---Single witness was sufficient to prove a criminal case, if his testimony rang true, was worthy of credence and corroborated by other circumstantial evidence---In the present case, complainant himself was the eye-witness having stamps of injuries on his person, who could not be expected to substitute accused, who was also his cousin, for the real culprit---Statement of injured witness corroborated by medical evidence was sufficient for recording conviction against accused---Complainant had given a straightforward account of the events; he had been subjected to the test of searching cross-examination, but nothing beneficial for defence, could be extracted---Prosecution had successfully brought the guilt of accused---F.I.R. though was registered under S.324, P.P.C. and charge was also framed there under, but after recording evidence, the Trial Court convicted under S.337-F(ii), P.P.C:---.---Seat of injuries, being on non-vital parts of the body of victim, and non-repetition of fire shot by accused, when the victim was at his mercy, intention to kill, was missing in the case---Trial Court, therefore, was justified to record conviction under S.337-F(ii), P.P.C:---.---Prosecution had…

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