Law: Penal Code (XLV of 1860)

Section: 279,320,337-G,427

Penal Code (XLV of 1860)--- ----Ss. 279, 320, 337-G & 427---Rash driving or riding on public way, qatl-e-khata by rash or negligent driving, hurt by rash and negligent driving, mischief causing damage to the amount of fifty rupees---Appreciation of evidence---Complainant though was not produced by prosecution yet testimony of injured witnesses which supported prosecution version could not be brushed aside---Where reasonable and trustworthy evidence was available, non production of a witness would not be fatal to prosecution case---Witness though identified the accused in court yet conviction could not be based on identification of accused by witness in the court---Appeal of the accused was accepted and he was acquitted of the charges. Muhammad Asghar v. The State 2010 SCMR 1706 and Tayyab v. The State 1995 SCMR 412 fol. JUDGMENT: YAHYA AFRIDI, JUSTICE:---.--- Bakht Sher, the present appellant, has through the instant criminal appeal challenged the judgment passed by Additional Sessions Judge-II, Mardan dated 25-3-2010, whereby the appellant has been convicted and sentenced in the following terms: (i) Under section 279 Pakistan Penal Code, 1908 ("P.P.C."), he was convicted and sentenced to undergo one year rigorous imprisonment ("RI") and shall also pay a sum of Rs.3000 as fine failing which he shall further undergo three months simple imprisonment ("SI"). (ii) Under section 320, P.P.C. for the death of Mst. Zaitoon and Mst. Basmin, he was convicted and sentenced to seven years rigorous imprisonment on two counts and shall also pay "Diyat" to the legal heirs of both the said deceased. (iii) Under section 337-G, P.P.C., he was to undergo rigorous imprisonment for one year RI on two counts for the injuries caused to Mst. Rakhshanda and Mst. Sumaira and also to pay as "Daman", Rs.10,000 to Mst. Rakhshanda and Rs.50,000 to Mst. Sumaira. (iv) All the sentences were to run concurrently and the appellant was granted the benefit of section 382-B, Criminal Procedure Code 1898, ("Cr.P.C."). However, till the realization of "Diyat" and "Daman", the appellant was to be kept in judicial lock-up. 2. The unfortunate background to the present appeal is the tragic road…

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