Law: Pakistan Penal Code, 1860

Section: 324, 337-C, 337-F(ii), 337-D

Law: Code of Criminal Procedure (CrPC), 1898

Section: 342, 382-B, 439.

ORDER

. Kousar Abbas alias Piya, the petitioner was sent up to face trial in a criminal case registered vide F.I.R No.508 dated 20.12.2011, under Sections 324/337-C/337- F(ii) PPC, at Police Station Naushehra Jadeed, Ahmadpur East, District Bahawalpur, on a complaint in writing (Exh:PA) made by Qanbar Hussain, (PW-1) with the allegation that on 20.12.2011, in the evening, Mst. Tahira Bibi alias Guddi, his daughter had gone to house of her maternal uncle Madah Hussain. Due to absence of any of the inmates in their house, while she was on her way back to home, the petitioner gave churri blows hitting on her belly and neck, resultantly she fell down and upon her hue and cry, the complainant, his brother Abuzar and Madah Hussain attracted at the spot and witnessed the
 

occurrence. They made an attempt to apprehend the petitioner, he however, succeeded to flee away while brandishing the Chhuri in his hand. Motive behind the occurrence was dispute of her Rishta. After usual investigation, the accused was sent up to court, while taking cognizance, the learned trial Judge charge sheeted the accused, to which he pleaded not guilty and claimed trial. The prosecution had examined as many as 06-witnesses to prove the charge. The ocular account has been furnished by Qanbar Hussain, the complainant (PW- 1), Abuzar Hussain (PW-2) and Mst. Tahira Bibi (PW-3); Muhammad Iqbal SI (PW-4) conducted investigation in case; Dr. Mehvish Pervaiz (PW-5) furnished medical evidence and Khawaja Muhammad Asif ASI (PW-6) is the recovery witness of the weapon of offence i.e. chhuri, allegedly recovered on pointing out of the petitioner in presence of PWs. After closure of prosecution’s evidence, when examined under Section 342 Cr.P.C, the accused/petitioner, refuted all the allegations levelled against him and professed his innocence. The accused/petitioner first opted to examine himself under Section 340(2) of Cr.P.C, but later-on did not examine him. However, in his defence evidence, he produced Manzoor Hussain as DW-1 and Samar Abbas as DW-2 besides tendering documents i.e. certified copies of suit for restitution of conjugal rights Exh:DA and written statement Exh:DB. On conclusion of the trial, learned trial Judge convicted and sentenced the petitioner through the impugned judgment dated 21.12.2018 as under:-
(Under Section 324 PPC)
05-years R.I along with fine of Rs.30,000/- payable to the injured Mst. Tahira Bibi and in default of payment of fine to further undergo one month S.I.
(Under Section 337-D PPC)
To pay Arsh, 1/3rd of diyat i.e. Rs.10,51,847/-.
(Under Section 337-F(ii) PPC)
To pay Daman Rs.20,000/-.
The Arsh and Daman amounts were ordered to be paid in lumpsum, recoverable as arrears of land revenue with the