Law:

Section:

(a) Penal Code (XLV of 1860)-- ----S. 337-C---Jaifah---"Body cavity"---Connotation---Body cavity does not denote only an area starting from upper part of the shoulder up to diaphragm and then from diaphragm to lower part of pelvis but it means a part of the body under which vital organs are located and if an injury penetrates into the body cavity and then enters that part of the body wherein vital organs are located, only then that can be treated as Jaifah and punishment can be awarded accordingly.--[Words and phrases]. Illustrated Medical Dictionary by Dorland, 26th Edn., p.232; Chamber's English Dictionary, p.156; Gray's Anatomy, Thirty-third Edn. (Chapter Development of the Body Cavities), p.219; ISLAMIC FAUJDARI QANOON " written by Maula Salamat Ali Khan and Amir Ahmad Sharif, p.343; " QISAS WO DIYAAT " by Idara Tehqugat-i-Islam, Islamabad, 2nd Edn., p.159 and " ISLAMIC QAWANIN HUDDOD QISAS , DIYAAT WO TAZIRAT Dr. Tamil-ur-Rehman, 2nd Edn., p.339 reF. (b) Penal Code (XLV of 1860)-- ----Ss. 324 & 337-F(iii)---Appreciation of evidence---Injury had been caused at the back of chest of the injured witness which passed through the muscles and flesh and made its exit, but it did not extend to body where any vital organ lay or caused any damage to it---Said injury, therefore, could not be treated as Jaifah and the same was covered by the definition of Ghayr Jaifah Mutalahimah under S.337-E(I)(c), P.P.C. punishable under S.337-F(iii), P.P.C.---Conviction and sentence awarded to accused by Trial Court were consequently set aside and instead he was convicted under S.337-F(iii), P.P.C.---Since the injury had been caused by a bullet fired by rifle which penetrated through and through making an exit wound of the denomination of 5 cm x 3 cm, accused was sentenced to three years' R.I. as Tazir with Daman amounting to Rs.10,000 or in default to be dealt with in the manner as prescribed by S.337-Y(ii), P.P.C. Illustrated Medical Dictionary by Dorland, 26th Edn., p.232; Chamber's English Dictionary, p.156; Gray's Anatomy, Thirty-third Edn. (Chapter Development of the Body Cavities), p.219; " ISLAMIC FAUJDARI QANOON " written by Maula Salamat Ali Khan and Amir Ahmad…

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