MUHAMMAD QAIM vs MUHAMMAD WALI alias BHUTTO S — 2021 YLR 2132 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD QAIM VS MUHAMMAD WALI alias BHUTTO S. 337-F(v)--- Shajjah-i-hashimah---Appreciation of evidence---Sentence, modification of---Accused were charged for causing injuries on the face of complainant/injured with sticks and fractured his leg---Occurrence took place on 03.08.2016 at 12:00 noon and the FIR was lodged on the same date at 1:00 p.m. promptly without any delay---Complainant as well as victim of the case stated in his statement that the accused armed with sticks attacked upon him and he received injuries---Statement of complainant was corroborated with the statement of eye-witness of the occurrence---Eye-witness had deposed that on the day of occurrence the accused armed with sticks attacked upon complainant who received injuries and he took the injured to hospital---Name of the said witnesses also mentioned in the FIR as a witness, which was lodged promptly and statement under S.161, Cr.P.C., of injured was also recorded on the same day by Investigating Officer---Statement of the said prosecution witnesses reflected that they remained unanimous qua the date, time, mode and manner of occurrence---Pen-picture of the occurrence coming out of statements of the prosecution witness of ocular account straightaway rang true and seemed to be next to natural---During the course of cross-examination not a single question was put to the prosecution witnesses regarding the salient features of the prosecution version in order to create any sort of dent in the credibility of their testimony---Circumstances established that accused were first offenders, thus, they could not be burdened with sentence of imprisonment under Tazir---Rigorous imprisonment for three months awarded to the accused under S.337-F(v), P.P.C. by the Trial Court and upheld by the appellate court was contrary to S.337-N(2), P.P.C., hence the same was set-aside---Enhance-ment of Daman by the revisional court was so unjustified, therefore, both the accused were held liable to pay Daman of Rs.20,000/- each to the injured under S.337-F(v), P.P.C.---Revision petition was disposed of with said modification.

MUHAMMAD QAIM vs MUHAMMAD WALI alias BHUTTO S — 2021 YLR 2132 QUETTA-HIGH-COURT-BALOCHISTAN

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