Law: Penal Code (XLV of 1860)

Section: 320

Penal Code (XLV of 1860)--- ----S. 320---Appreciation of evidence---Medical evidence had proved that the deceased lady had died an unnatural death due to acute head injury by hitting against a hard and blunt substance, which could be a road traffic accident---Prosecution witnesses and medical evidence had fully corroborated the version of the complainant---Nothing was brought on record to show any ill-will of the police for false involvement of accused in the case---Impugned judgment did not suffer from any illegality or infirmity including defective appreciation of evidence---Conviction and sentence of accused were maintained in circumstances. JUDGMENT GHULAM DASTAGIR A. SHAHANI, J.---Through this criminal appeal, appellant Bakht son of Shah Nazar has assailed judgment, dated 21-5-2007 passed by learned VIIIth Additional Sessions Judge, Karachi South, whereby, appellant was convicted and sentenced under section 320, P.P.C. to undergo R.I. for 5 years and to pay Diyat amount Rs.6,43,760 to the legal heirs of deceased. However, in default of payment of Diyat, appellant would further suffer simple imprisonment till payment of Diyat or part thereof. Appellant was also extended benefit of section 382-B, P.P.C. Fact in brief are that on 23-10-2004 case was registered at Police Station Defence, Karachi by complainant A.S.-I. Mashtoor Hussain stating therein that an entry was received from Madadgar 15, to the effect that at bus stop of Akhtar Colony, main Korangi Road Karachi, an incident took place in which one lady was injured by a truck. On receipt of entry, complainant along with P.C. Ansar Iqbal proceeded towards the place of incident, complainant found S.-I. Ameer Ahmed in whose presence complainant prepared Mashirnama. S.-I. Ameer Ahmed informed complainant that the driver of trawler bearing Registration No.LSA-6557 'Bakht Zada is in custody who was driving the said vehicle in a rash and negligent manner and while going from Defence Morr to Korangi hit an unknown lady who was crossing road. Resultantly said lady received serous injuries and was taken to Jinnah Hospital. After completing the formalities at the spot, complainant proceeded to Jinnah Hospital and…

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