| Citation(s) |
|---|
| 1981 SLG 3259 = 1981 SLD 3259 = 1981 PCRLJ 1024 |
Court of Special Judge, Karachi
Criminal Appeal No. 5 of 1981, decided on 25th May, 1981.
Presented By: Muhammad Zahoorul Haq, J
Syed Nasiruddin for Appellant. Raja Qureshi for the State.
Criminal Appeal No. 5 of 1981, decided on 25th May, 1981.
Presented By: Muhammad Zahoorul Haq, J
Syed Nasiruddin for Appellant. Raja Qureshi for the State.
ABDUL RASHID-Appellant
VERSUS
THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 320, 307, 324
(a) Penal Code (XLV of 1860) S. 320-"Grievous hurt"-Mere remaining of an injured person in hospital for 20 days or above-Does not automatically prove that injured either remained in severe bodily pain or became unable to follow his ordinary pursuits to attract provisions of S. 320, P. P. C. unless such statement supported by medical evidence. (b) Penal Code (XLV of 1860) S. 307 read with S. 324 - Grievous hurt --- Injured person sustaining simple injuries on non-vital parts such as thigh and arm-Since no grievous injury inflicted upon injured, accused, held, could only be convicted under S. 324, P. P. C., for causing hurt by a dangerous weapon-Conviction under S. 307, P. P. C. altered to one under S. 324, P. P. C., in circumstances. Dates of hearing :10th and 17th May, 1981. JUDGMENT This is an appeal against the judgment of VIth Additional Sessions Judge, Karachi dated 7th January, 1981 whereby the appellant was convicted under section 307, P. P. C. and sentenced to suffer R. I. for seven years and to pay a fine of Rs. 1,000 or in default to suffer further R. I. for six months. 2, In this case Abdul Ghaffar injured has lodged F. I. R. with Orangi Town Police Station on 16th October, 1978 that there was a fight between the complainant and the accused/appellant in respect of water a day earlier and that on 17th October 1978 when complainant was going for repair of his gas lantern the accused/appellant reached there and attacked him with churri blows on his arm thigh and head and on his cries P. W. 6 Abdul Hakim and Bundoo P. W. came there. P.…