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Penal Code (XLV of 1860) Ss. 324 & 337 A(iii)(i) Criminal Procedure Code .(V of 1898), S.417(2 A) Appeal against acquittal of accused under S.324, P.P.C. ¬Appreciation of evidence Trial Court had acquitted the accused under S.324, P.P.C. and instead had convicted him under 5.337 A(iii)(i), P.P.C. and sentenced him to imprisonment for the period he had remained in custody and to pay Arsh amounting to Rs.10,000 to the injured person ¬Accused now was equipped with double presumption of innocence ¬Impugned order acquitting accused under 5.324, P.P.C. had strengthened the initial presumption of his innocence No evidence which could bring the case within the ambit of S.324, P.P.C. was available on the record ¬Judgment of Trial Court being not perverse, could not be interfered with by High Court regarding acquittal of accused of the charge under S.324, P.P.C. and the same was upheld accordingly. THIS JUDGMENT DELIVERED BY: FAZAL UR REHMAN, JUSTICE:---.--- This appeal under section 417(2)A, Cr.P.C. by Abdul Fateh is directed against the judgment of learned Sessions Judge (Ad hoc), Quetta dated 31 8 1999 whereby, he acquitted the respondent Ali Ahmed from the charge of section 324, P.P.C. and convicted him under section 337 A(iii), P.P.C. 2. Briefly stated the facts of the case are that on 11 11 1998 one Muhammad Arif lodged a report with Police Station Dalbandin alleging therein that at about 7 30 p.m. when he was going to his house alongwith his friends he saw a person lying in injured condition who disclosed to him that he had been injured by some unknown person by means of fire arm. During the course, of investigation respondent was arrested. It is stated that the respondent was identified in identification prade. After usual investigation the accused was sent up to face his trial under section 324 of the Qisas and Diyat Ordinance read with section 34 while the names of acquitted accused Ghulam Sakhi and absconding accused Nazir Ahmed, were placed in column 2 of the challan. 3. On 28 4 1999 charge under section 324/34, P.P.C. was framed ,against the respondent and acquitted accused Ghulam Sakhi to which they pleaded not guilty and claimed trial. 4. In support of…

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