Law: Penal Code (XLV of 1860)

Section: 316

Penal Code (XLV of 1860)--- ----S. 316---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), Ss.9/14 & 24---Appeal---Jurisdiction of High Court---Accused were tried by the Sessions Court under Ss.302, 379, 337-G, 337-H, P.P.C. and under S.9/14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979---Sessions Court convicted the accused only under S.316, P.P.C. and sentenced them to undergo 14' years' R.I. thereunder with the direction to pay the amount of Diyat to the legal heirs of the deceased and acquitted them of the other charges---Competency of appeal filed by accused before High Court was challenged---Held, since accused had been charged for an offence under S.9/14 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, appeal was competent before the Federal Shairat Court not before the High Court---Appeal was dismissed accordingly.- [Jurisdiction]. 1984 SCMR 129 rel. 1996 PCr.IJ 475; 1990 PCr.IJ 1682 and PLD 1987 Pesh. 117 ref. Ali Ahmed Kurd for Appellants. Mehmood Raza for the State. Date of hearing: 12th November, 1996. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHARY, J.---According to prosecution on 25th January, 1994 at about 6-00 p.m. appellants Jamal Khan son of Mengal Khan, Boondal Khan son of Allah Yar Khan have stolen 30 sheep and goats of Haji Pir Dad from near Koh-e-Murdar and later on at about 9-00 p.m. they both alongwith other unknown 5/6 persons being armed with Dandas attacked on Haji Pir Dad, Juma Khan and Gul Shah thereby causing injuries on their heads on account of which Juma Khan later on succumbed to injuries and under these circumstances a case vide F.I.R. No.12 of 1994 was registered against them under sections 302, 379, 337-GH read with section 9/14 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979.   On completion of investigation challan was put up against them before learned Sessions Judge, Quetta from where it came up for disposal before the Additional Sessions Judge-II, Quetta. Accordingly, under aforenoted provision of law charge was framed against convicts to which they pleaded not guilty and claimed trial. On the completion of trial…