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

Case information

Citation: 2021 YLR 2132 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: MUHAMMAD QAIM vs MUHAMMAD WALI alias BHUTTO S
Subject matter: Criminal
Provisions referred to: S. 337-F; S. 337-N

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD QAIM VS MUHAMMAD WALI alias BHUTTO S. 337-F(v)---Shajjah-i-hashimah---Appreciation of evidence---Sentence, modification of---Medical evidence---Scope---Accused were charged for causing injuries on the face of complainant/injured with sticks and fractured his leg---Medical Officer/ witness examined the injured and found that two injuries on his person and he also observed in the medical certificate that one on his face and there was a fracture on left leg---Statements of injured and eye-witness were corroborated with the medical evidence produced by Medical Officer and during course of examination no contradiction was pointed out between the ocular account and medical evidence---Both the courts below, after appreciation of the evidence, rightly convicted the accused under S.337-F(v), P.P.C.---Nothing had been brought on record by the prosecution to show involvement of the accused in any other criminal case to consider them hardened, dangerous criminal or previously convicted, hence their case was covered by S.337-N(2), P.P.C.---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---Enhancement 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.

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