| Citation(s) |
|---|
| 1983 SLG 420 1983 SLD 420 1983 PLD 334 |
Supreme Court of Pakistan
Criminal Petition No. 52-P of 1982, decision dated: 26-02-1983.
MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ
M. Bilal, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record. Nemo for the State.
Criminal Petition No. 52-P of 1982, decision dated: 26-02-1983.
MUHAMMAD AFZAL ZULLAH, SHAFIUR RAHMAN AND MIAN BURHANUDDIN KHAN, JJ
M. Bilal, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record. Nemo for the State.
IFTIKHAR
VS
THE STATE
Law:
Section:
Constitution of Pakistan (1973)--- Art. 185(3) read with Penal Code (XLV of 1860), S. 324-Conviction for causing hurt by dangerous weapon-Statement of complainant duly corroborated from injuries received by complainant-Such corroboration sufficient in absence of any serious enmity inspiring a false charge-High Court not found to have committed any legal error in applying law or appraising evidence before it -Leave to appeal refused. ORDER SHAFIUR RAHMAN, J.-On State appal against the acquittal of the petitioner the Peshawar High. Court set aside the judgment of the City Magistrate Peshawar dated 30th July, 1979 and by its judgment dated 13th December, 1982 convicted the petitioner under section 324, P. P. C. and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000, in default of which to suffer three months rigorous imprisonment more. The petitioner seeks leave to appeal against this judgment of the Peshawar High Court. The prosecution case, in brief, was that on the 4th of April, 1975 Javed Gul complainant (P. W. 1) had gone to the college ground for playing football at about 5.30 p.m. As he reached near the gate he. found the petitioner Iftikhar and his co-convict Inayat Khan there. When he reached nearer Inayat Khan fired at him a number of shots while the petitioner inflicted injuries on his person with a razor. Previous enmity between them was given as a reason for this attack. The complainant was removed to the Lady Reading hospital where he made a report to Sakhi Muhammad A. S. I. (P. W. 4) on which a case was registered at 7.10 p. m. at police station Hasht Nagri Peshawar. The complainant was found by Dr. Jatilur Rehman to be having the following injuries on his person (1) A fire-arm wound of entrance I/4" X 1/4" on the front of upper 3rd of right ,side. (2) A fire-arm wound of entrance 1/4" x 1/4" on back of upper third of right thigh. (3) An incised wound 3" x 1/2" on the upper third of left thigh on the lateral side. (4) An incised wound x 1/1 on the right frank 1" above the entrance superiu aliac spen. patent is conscious X-Ray right thigh advised. In the first round of trial the petitioner and his co-accused…
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