QAMAR-UL-ZAMAN vs State Ss — 2022 MLD 896 LAHORE-HIGH-COURT-LAHORE

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QAMAR-UL-ZAMAN VS State Ss.337-F(v), 337-L(2) & 34---Ghayr-jaifah-hashimah, causing hurt, common intension---Appreciation of evidence---Revisional court enhanced the sentences of imprisonment of accused granted by the Trial Court---Scope---Accused were charged for causing injuries to the complainant---Ocular account was supported by medical evidence---Ocular account had been furnished by complainant/injured and another witness---Perusal of their statements reflected that their testament was strictly in line with the prosecution version narrated in the FIR---Said witnesses had reiterated all the details of the occurrence provided in the crime report, especially mode and manner of infliction of injuries by each accused and kind of weapons used---Both the said witnesses corroborated each other on all the material aspects of prosecution version---Said witnesses stood the test of lengthy cross examination but nothing favourable to the accused could be brought on the record---Medical evidence confirmed the ocular account regarding seats of injuries and kind of weapons used during the occurrence---Cross examination of Medical Officer by the accused's side was also of no avail to them---Section 337-N(2), P.P.C., clearly envisaged that although the use of word "may" conferred discretion upon the court to award sentence of Ta'zir against an accused but that discretion was qualified by the condition that Ta'zir could be awarded to an accused who was a previous convict, habitual, hardened, desperate or dangerous criminal or when the offence had been committed by him in the name or on the pretext of honour---Case not falling under any of those categories, sentence of imprisonment as Ta'zir could not be awarded to an accused, in addition to Daman or Arsh etc---Prosecution had failed to produce even an iota of evidence to establish any of such circumstances against the accused persons, hence the Trial Court was not justified to award the sentence of imprisonment to the accused and Revisional Court below fell in error to enhance the same---Sentence of imprisonment as Ta'zir was set-aside---Criminal revision petition was dismissed with said modification in sentence.

QAMAR-UL-ZAMAN vs State Ss — 2022 MLD 896 LAHORE-HIGH-COURT-LAHORE

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