Law:

Section:

(a) Penal Code (XLV of 1860)---

----Ss. 279, 338 & 427---Appreciation of evidence---Injured prosecution witnesses were not guilty of contributory negligence in the accident---Accused was proved to have caused grievous injuries to the witnesses due to his rash and negligent driving and imposition of separate sentences both under Ss.279 and 338, P.P.C. were, therefore, not justified---Conviction and sentence of accused under S.279, P.P.C. were consequently set aside and his conviction under S.338/427, P.P.C. was maintained with reduction in his sentence thereunder.

Muhammad Aslam v. State 1986 PCr.LJ 1049; Badshahzada v. The State 1993 PCr.LJ 699; Ragho Prasad v. Emperor AIR 1939 Pat. 388 and Abdul Latif v. State 1972 PCr.LJ 1095 ref.