Law: Penal Code (XLV of 1860)

Section: 324,337-A(iii)

Penal Code (XLV of 1860)---.--- ---.---Ss. 324 & 337-A(iii)---.---Qatl-i-amd and Shajjah---.---Appreciation of evidence---.---F.LR. was registered after the injured persons had been shifted to hospital---.---Both the injured persons were the only material witnesses in the case, who had specifically ascribed a role of firing to the accused causing injuries to them---.---Statements of the injured witnesses had remained unshaken---.---Receipt of injuries on the lower parts of their legs by the witnesses had indicated that accused had no intention to kill them, otherwise he would not have shot at their legs---.---Conviction of accused under S.324 P.P.C. was consequently altered to S.307-A(iii), P.P.C. and since he was in jail for the last five yeaRs. his sentence was reduced to the imprisonment already undergone by him in circumstances. THIS JUDGMENT DELIVERED BY: SHAHID ANWAR BAJWA, JUSTICE:---.--- This appeal has been filed by three' appellants against judgment dated. 15-1-2009 passed by 2nd Additional District and Sessions Judge, Karachi Central in Sessions Case No. 229 of 2004 whereby Mohammad Ali appellant No. 2 was convicted under section 324, P.P.C. for attempt to Qatl-i-amd of Tahir and Orangzeb and sentenced him to rigorous imprisonment of 10 years and also to fine of Rs.10,000 and in case of default to suffer rigorous imprisonment for 3 months and appellant No. l Mohammad Yaseen Khan and appellant No. 3 Mohammad Waseem were, while taking lenient view, convicted to suffer rigorous imprisonment for three years each and fine of Rs.5,000 each and in case of default to suffer rigorous imprisonment for one month more. Benefit of section 382-B, Cr.P.C. was extended to the appellants. 2. On application under section 426, Cr.P.C. this Court on 3-4-2009 allowed bail application of appellants Nos. 1 and 3. Application under section 426, Cr.P.C. ofappellant No. 2 was dismissed. 3. Incident which is subject-matter in this case is alleged to have occurred on 14-6-2004 at about 10-00 a.m. Material part, after narration of previous history wherein it was alleged that appellant No. 1 and his family demanded hand of sister of injured persons in marriage for appellant…

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