| Citation(s) |
|---|
| 2026 SLG 1335 2026 SLD 1335 = 2026 SCP 30 |
Criminal Petition No.7 1-P of 2025 (On appeal against the judgement dated 07.04.2025 passed by the peshawar high court,peshawar in criminal appeal No. 626-P/2024)
MR. JUSTICE JAMAL KHAN MANDOKHAIL MR. JUSTICE MALIK SHAHZAD AHMAD KHAN
Mr. Altaf Khan, Additional Advocate General KPK
Stana Dar ...Petitioner(s)
VERSUS
Muhammad Ayeen and another ...Respondent
Law: Pakistan Penal Code, 1860
Section: 324,336,337-D
Law: Code of Criminal Procedure, 1898
Section: 382-B,30
Summary
In this Supreme Court judgment by Malik Shahzad Ahmad Khan, J., Stana Dar's petition against the Peshawar High Court's decision was converted into an appeal and partly allowed. The petitioner was convicted by the trial court under Sections 324, 336, and 337-D PPC for a firearm injury caused to Muhammad Ayeen during a property dispute on 10.02.2023. The High Court had set aside imprisonment sentences under Sections 336 and 337-D PPC but upheld Arsh payments and maintained the Section 324 PPC conviction. The Supreme Court upheld convictions under Sections 324 and 336 PPC, supported by reliable eyewitness and medical evidence, but set aside the Section 337-D PPC conviction as the neck injury did not extend to the trunk's body cavity.
Core Points
- Petitioner Stana Dar fired a shot at complainant Muhammad Ayeen (injured eyewitness) over a property dispute on 10.02.2023, causing entry and exit wounds on the neck.
- FIR lodged promptly within 3 hours 15 minutes; prosecution evidence from PW-6 (complainant), PW-7 (eyewitness), and PW-4 (doctor) was consistent, confidence-inspiring, and unshaken under cross-examination.
- Trial court convicted under Sections 324 (7 years RI + fine), 336 (5 years RI + Arsh), and 337-D PPC (5 years Tazir + Arsh), with concurrent sentences and Section 382-B Cr.P.C. benefit.
- High Court partly allowed appeal: set aside imprisonment under 336/337-D but upheld Arsh and Section 324 conviction, directing jail till Arsh payment.
- Supreme Court maintained Sections 324/336 convictions and sentences; set aside Section 337-D conviction as neck injury did not meet "body cavity in trunk" requirement.
Laws and Sections
| Section | Offence Description | Trial Court Sentence | High Court Modification | Supreme Court Decision |
|---|---|---|---|---|
| 324 PPC | Attempt to commit qatl-i-amd (firearm injury) | 7 years RI + Rs.50,000 fine (3 months SI default) | Maintained conviction and sentence | Upheld conviction and sentence |
| 336 PPC | Shajjah (injury causing damage to limbs/organs) | 5 years RI + Arsh (1/3 Diyat via merger) (5 months SI default) | Set aside imprisonment; upheld Arsh | Upheld conviction, sentence, and Arsh |
| 337-D PPC | Damigha-e-shajjah (injury to body cavity in trunk) | 5 years Tazir RI + Arsh (1/3 Diyat via merger) | Set aside imprisonment; upheld Arsh | Set aside conviction and sentence (neck not part of trunk) |
| 382-B Cr.P.C. | Probation/benefit extension | Extended to petitioner | Not modified | Implicitly maintained via upheld sentences |
| 30 Cr.P.C. | Empowerment of magistrate | Trial by empowered Judicial Magistrate Jamrud | Not addressed | Not addressed |
JUDGEMENT