Citation Name: 2024 YLR 1052 LAHORE-HIGH-COURT-LAHOREBookmark this Case IFTIKHAR AHMAD through Mukhtar Ali vs

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Citation Name: 2024 YLR 1052 LAHORE-HIGH-COURT-LAHOREBookmark this Case IFTIKHAR AHMAD through Mukhtar Ali VS State Ss. 324, 337-F(v), 334 & 34---Police Order (22 of 2002), art. 155-C---attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, itlaf-i-udw, common intention, misconduct by the Police Officer---appreciation of evidence---Presence of the complainant at the place and time of occurrence doubtful---Prosecution case was that due to indiscriminate firing by the accused and his two brothers, two persons of the complainant party received injuries which resulted into amputation of leg of one injured and fracture of leg of other injured---Injured though deposed that after 15/20 days of the occurrence when he read FIR, he came to know that complainant got lodged FIR against three persons, wherein, allegation of firing and causing injuries was leveled against all the three accused, however, he did not disclose to the complainant that firing was not made by all the three accused and it was only the petitioner who made firing and FIR had been wrongly registered against all the accused---In the light of said circumstances, the presence of complainant at the place of occurrence was doubtful and even his statement was contrary to the statement of injured witnesses as well as the other eye-witness who stated that only two injured were available at the crime scene and reviling continued for one or two minutes and after sustaining injuries by the injured persons, police took them to the hospital within half an hour---Revision petition was dismissed, in circumstances, with modification in conviction and sentence. Citation Name: 2024 YLR 1052 LAHORE-HIGH-COURT-LAHOREBookmark this Case IFTIKHAR AHMAD through Mukhtar Ali VS State admission and confession---Scope---admission and confession made by the accused should be considered as a whole. Citation Name: 2024 YLR 1052 LAHORE-HIGH-COURT-LAHOREBookmark this Case IFTIKHAR AHMAD through Mukhtar Ali VS State Ss. 324, 337-F(v), 334 & 34---Police Order (22 of 2002), art. 155-C---attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, itlaf-i-udw, common intention, misconduct by the Police Officer---appreciation of evidence---Defence plea---Prosecution case was that due to indiscriminate firing by the accused and his two brothers, two persons of the complainant party received injuries which resulted into amputation of leg of one injured and fracture of leg of other injured---admittedly, two persons received firearm injuries at the hands of present petitioner and whether his intention was to kill them, the defence had taken the stance that there was exchange of hot words between the petitioner and injured persons and, during this altercation, they tried to snatch official rifle from the petitioner which suddenly went off during grappling, otherwise, the petitioner had no intention to inflict injuries---Said fact of using filthy language against each other had been admitted by the injured witnesses during their cross-examination---Moreover, fire hit the legs from a short distance, therefore, in such circumstances possibility could not be brushed aside that during grappling rifle suddenly went off and hit the legs of injured---Medical Officer, who medically examined both the injured, observed 'blackening' around injury of one injured and on injury of other injured---Such observation of Medical Officer regarding blackening established the fact that there was a short distance between petitioner and injured and they might have received injuries during grappling---Petition was dismissed, in circumstances, with modification in conviction and sentence. Citation Name: 2024 YLR 1052 LAHORE-HIGH-COURT-LAHOREBookmark this Case IFTIKHAR AHMAD through Mukhtar Ali VS State Ss. 324, 337-F(v), 334 & 34---Police Order (22 of 2002), art. 155-C---attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, itlaf-i-udw, common intention, misconduct by the Police Officer---appreciation of evidence---Prosecution case was that due to indiscriminate firing by the accused and his two brothers, two persons of the complainant party received injuries which resulted into amputation of leg of one injured and fracture of leg of other injured---Record showed that the injuries caused by the petitioner were established but there was no intention of the petitioner to cause such injuries and occurrence was result of a hustle bustle and grappling wherein rifle of accused/ petitioner went off---Such grappling was comprehensible when there existed an enmity between the parties; therefore, injuries were caused by mistake (khata) attracting S. 337-I, P.P.C., and the conviction and sentence of the petitioner under S. 337-F(v), P.P.C., was not sustainable---Conviction under S. 324, P.P.C., was attracted only in case of attempt to commit qatl-i-amd but when there was no evidence of intention or knowledge, question of attempt to commit qatl-i-amd did not arise---Since there was no intention of the petitioner in causing injuries, therefore, in the absence of intention, S. 324, P.P.C., would not be attracted, thus, the conviction under S. 324, P.P.C., and also the sentence recorded thereunder were set aside---as regards the conviction under S. 334, P.P.C., though itlaf-i-udw was result of injury but when it was caused by mistake, offender was liable only to arsh for the injury under S. 337-I, P.P.C---Thus, conviction and sentence against the petitioner imposed by the Trial Court under S. 334, P.P.C., was set aside and accused/petitioner was convicted under S.337-I, P.P.C., and sentenced to arsh---article 155(1)(c) of Police Order, 2002, required sanction of prosecution for trial of such offence which sanction was also missing in this case, therefore, it was not incumbent upon Trial Court to try such offence and to pass sentence, therefore, conviction and sentence under art. 155(1)(c) of Police Order, 2002, were also set-aside---Petition was dismissed, in circumstances, with modification in conviction and sentence.

Citation Name: 2024 YLR 1052 LAHORE-HIGH-COURT-LAHOREBookmark this Case IFTIKHAR AHMAD through Mukhtar Ali vs State Ss — 2024 YLR 1052 LAHORE-HIGH-COURT-LAHORE

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