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ABDUL HADI vs JAFAR KHAN Ss — 2022 YLRN 57 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 YLRN 57 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Parties
ABDUL HADI vs JAFAR KHAN Ss
Subject matter
Criminal
Provisions referred to
S. 417

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

ABDUL HADI VS JAFAR KHAN Ss. 337-a, 337-D & 34---Shajjah, jaifah, common intention---appeal against acquittal--- Maintainability---Scope---accused were charged for causing injuries by means of danda and stone to the uncle of complainant---Record showed that the appeal was also not maintainable in view of S.417(2-a), Cr.P.C. because the accused did not qualify the test of an aggrieved person as he did not receive any injury in the alleged incident as contemplated in S. 417(2-a), Cr.P.C.--- admittedly, the complainant / appellant was the complainant of the case who appeared before the Trial Court as witness but he had not received any injury in the alleged incident---Complainant had stated that his uncle received injuries, which showed that the victim was not a minor, rather he was having sense and was alive---Complainant, who was not an injured, in circumstances, could not file the appeal---Injured alone was competent to file appeal being an aggrieved person---Injured person neither insane nor minor, did not come forward to challenge the judgment impugned---appeal filed by the complainant was incompetent, which was dismissed accordingly. Head NotesCase Description

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