Attempt to Murder

If a person with lethal weapon intended to cause dangerous injuries in the ordinary course of nature, it could cause death of the victim

If the victim survived, it was definitely an offence of attempt to murder

Section 324, A.P.C. consisted two parts i.e. commission of an act with intention or knowledge to commit qatl-i-amd, and in the second part there was effect of the act done

Where the intention of accused qua commission of an act was evident, the provision of S. 324, P.P.C. would be applicable.

Nikahnama showing the marriage of the petitioner lady with respondent (4) was found to be a fabricated document while her Nikah with respondent (3) was found to be valid by both the Courts below

Nikahnama of the petitioner with respondent (4) was admittedly prior in time to her Nikahnama with respondent (3)

Despite a concurrent finding of fact in favour of respondent (3) by the two Courts below, High Court being a Court of equity found it unjust to compel the petitioner to accept her Nikah with respondent (3) when she had been living with respondent (4) as his wife for the past several years and there was an issue from the marriage who would have to face stigma of illegitimacy if the judgments of the lower Courts were upheld

From the conduct of respondent (3) it appeared that he was inspired more by vindictiveness towards respondent (4) rather than a genuine desire to have the petitioner as his wife, since he had been prosecuting both the petitioner and respondent (4) for the last almost nine years

High Court, therefore, while exercising its equitable and discretionary jurisdiction accepted the statement of the petitioner that she had never contracted Nikah or lived with respondent (3)

Even if the Nikahnama of respondent (3) was bearing the thumb-impression of the petitioner, such a contract caused by coercion and being without free consent would not be enforceable

Nikah of the petitioner with respondent (4) was upheld on the basis of their statements to the effect that they were legally married to each other, as it would foster the ends of justice and save the minor child from stigma of illegitimacy and would also save the petitioner from a hateful union with respondent (3)

Impugned judgments of Courts below were consequently declared to be without lawful authority and of no legal effect and the petitioner was declared to be the lawfully wedded wife of respondent (4)

Constitutional petition was accepted accordingly.

Trial Court accepting ocular testimony of complainant and finding it intrinsically sound and consistent with his version given in the F. I. R.

Testimony of complainant fully corroborated by injured himself and prosecution version also supported by two other eye-witnesses

Plea of self-defence rejected by Trial Court as being without any foundation

High Court reaffirming finding of Trial Court that guilt of petitioner was fully established

Mere relationship of witnesses with the victim was no ground to reject their testimony

No recognized principle touching the appreciation of evidence in criminal cases found to have been violated

Petition for leave to appeal dismissed.

Petition converted into appeal and sentence of fine reduced to Rs.5,000.

No evidence adduced to indicate that but for a verbal altercation complainant and injured prosecution witnesses wanted toinflict any grievous injury to petitioner so as to justify wielding of Churri by him

Leave to appeal refused.

Leave to appeal refused.

Ss. 307/34 & 458 read with Criminal Procedure Code (V of 1898), S. 544-A-Attempt to murder-Sentence-Compromise between parties-Sentence of accused reduced to period already undergone Order for payment of compensation passed under S. 544-A, Cr. P. C. also set aside in view of compromise.-[Compensation].

Art. 185 (3) read with Penal Code (XLV of 1860), Ss. 307 & 354Attempt to murder-Assault or criminal force to woman-Contentions of petitioner and perusal of material placed on record not making out a fit case for reappraisal of evidence-No point of law involved in case-Leave to appeal from judgment of Federal Shariat Court refused.

Art. 185(3) read with Penal Code (XLV of 1860), Ss. 307 & 325Attempt to murder-Appeal against connection-High Court found to have attended to all circumstances considered vital from defence point of view-Appreciation of evidence including question of delay in F. I. R. found in accordance with accepted principles of criminal justice-Leave to Appeal refused.

S. 307/149/148-Attempt to murder-Appreciation of evidence-Evidence produced by prosecution showing complainant, target of attack, having received as many as thirty-seven injuries, including three grievous injuries and one of such injuries found to have been caused by blunt weapon-Case, in view of prosecution evidence, held, called for no interference-Constitution of Pakistan (1973), Art. 185(3).-[Evidence].

Ss. 307/34-Attempted murder-Lathis having been held to be lethal weapons, attack with lathis or dangs causing injuries resulting in death considered with motive, nature of attack as well as number and location of injuries, held, covered under S. 307, Penal code, 1,860.

Penal Code (XLV of 1860), Ss. 307 & 333-Attempt to murder-Accused given opportunity to cross-examine prosecution witness but such opportunity not availed of-Gunshot injuries on palm of prosecution witness existing and supporting prosecution version-Accused neither prejudiced in defence nor prosecution evidence contradictory-Contention that High Court erred in not taking note of concessions made in accused's favour by two prosecution witnesses-Supreme Court, held, would not substitute its own appraisal of evidence of witnesses unless Courts below shown to have committed grave error of procedure or principles in such appraisal.

S. 307-Attempt to murder-Sentence-A matter primarily for trial Courts or Courts acting in appeal or revision-Supreme Court would not ordinarily impose its own assessment of appropriate punishment unless sentence against law or contrary to sound judicial principles.

Sentence-Firing pistol shots aimed at the Head of State seated on dais of a political meeting-Offence heinous, deserving of maximum sentence-Accused, a young student of impressionable mind and atmosphere being surcharged with extreme propaganda of hate against Government and those at helm, of affairs, appearing to have acted under 0rpulse - Held, entitled to leniency -Accused sentenced to 5 years' R. I.-Parents of accused being alive, accused having no property of his own, sentence of fine, if imposed, amounting to punishing his parents-Sentence of fine, in circumstances, not inflicted.

S. 307-Attempt to murder Intention-Intention has to be inferred from act itself-Accused stabbing opposite party in vital part of body (stomach) in a manner that but for sheer luck of victim consequences would have been very serious-Held, in circumstances, obvious intention was to cause death.