Law: Pakistan Penal Code (XLV of 1860)

Section: 324/34

(a) Penal Code (XLV of 1860)------- S.324 --- Attempt to commit Qati-i-Amd --- Two elements are necessary to constitute the offence of attempt viz., mens rea followed by an actus reus--� Mere criminal intent is not an attempt.Abdul Majid v. The State 1973 SCMR 108 ret(b) Penal Code (XLV of 1860)----- S.324/34 --- Appreciation of evidence- -Accused had a motive to commit the offence and to realise his objective he had come to the spot with a carbine and aimed at and fired at his target but by a circumstance beyond his control it missed, nevertheless the offence stood completed as soon as he fired at his target --- Prosecution witnesses though mostly police officials were natural witnesses having no enmity with the accused and their credibility could not be shaken despite lengthy cross-examination --- Non-production of the recovered weapon of offence in the. Court was not fatal to the prosecution case in the presence. of overwhelming direct evidence coming. out of unimpeachable source --- Accused who had acted in desperate manner and violated the sanctity of the Court and the judicial process deserved no leniency in the matter of sentence--Conviction and sentence of accused were upheld in circumstances.Rafaqat Ali v. The State 19&5 PCr.LJ 2364; Muhammad Azeem v. The State 1977 PCr.LJ 671 and Ghulam Sarwar v. Javaid alias Khalid and another 1989 SCMR 1387 distinguished.Abdul Majid v. The State 1973 SCMR 108; Liaqat Ali v. The State 1984 PCr.LJ 1260; Zafar Islam Y. The State 1985 PCr.LJ 1529; Ghulam Farid v. The State 1989 PCr.IJ 2285; Salahuddin v. The State 1986 PCr.LJ 1902; Muhammad Iqbal v. The State 1985 MLD 54; Naseem Rafiq v. The State 1986 PCr.LJ 402; Muhammad Sharif v. The State 1984 PCr.LJ 1141; Dost Muhammad v. The State 1986 SCMR 461 and Muhammad Ashraf v. The State 1987 PCr.LJ 1058 ref.(c ) Penal Code (XLV of 1860)----- S.324/34 --- Appreciation of evidence --- Accused was not stated to be armed with a carbine in the F.I.R. and he did not make any firing --- Accused also was not directly connected with the motive part of the prosecution story --- Accused was acquitted in circumstances.(d) Penal Code (XLV of 1860)----- S. 324/34 --- Evidence ---…