Law: Penal Code (XLV of 1860)

Section: 324,337D,337F(i),337F(ii),34

Law: Criminal Procedure Code (V of 1898)

Section: 417(2A)

Penal Code (XLV of 1860)--- ----Ss. 324, 337-D, 337-F(i), 337-F(ii) & 34---Criminal Procedure Code (V of 1898), S. 417(2-A)---Attempt to commit qatl-i-amd, jaifah, shajjah-e-khafifah, causing ghayr-jaifah, common intention---Appreciation of evidence---Appeal against acquittal---Accused-respondents were charged for causing injuries to the complainant by inflicting churri blows---Occurrence took place on 12.09.2021 at 06:30 p.m. wherein though respondent No.02 (against whom this appeal has already been dismissed as withdrawn by virtue of order dated 13.03.2023) was under the allegation of making a fire shot at the injured but it did not hit him whereas present respondent No.01/accused was burdened for causing four injuries on the person of complainant-injured who narrated the whole story as mentioned in the FIR as well as in his statement under S.161 of Cr.P.C.---During cross-examination, complainant s testimony could not be shattered by the defence in any manner---Observation of Trial Court for innocence of respondent No.l/accused was beyond comprehension---Trial Court remained wrangling with extraneous matters, like absence of any other witness at the place of occurrence--When complainant-injured himself was present and no fabrication of injuries was observed by the Medical Officer, no other corroboration was required and merely on the sole testimony of an injured witness, conviction could be recorded, subject to availability of medical evidence which was available in the case---Even otherwise, another eye-witness of the occurrence deposed that in his presence, respondent No.01/accused caused injuries with knife on the person of complainant-injured---Thus, findings of Trial Court for acquitting the respondent No. 1/accused were flimsy particularly on ocular and medical evidence which were the deciding factors in a hurt case; therefore, the same were reversed---Impugned judgment to the extent of acquittal of respondent No.01/accused was set aside---Consequently, respondent/accused was convicted and sentenced accordingly---Appeal against acquittal was allowed, in circumstances. Date of hearing: 18th June, 2025. JUDGMENT MUHAMMAD AMJAD RAFIQ, J.---Through this…