Muhammad Atif vs Abdul Hakeem & ors

Balochistan High Court · 2024 · Before Hon'ble Justice Iqbal Ahmed Kasi

This Criminal Acquittal Appeal under section 417 (2-A) Cr.P .C.has been directed against the judgment dated 16th August 2023 (‘the impugned judgment’), passed by the Judicial Magistrate Lehri at Sibi (“the trial Court”), in Judicial Case No.23 of 2022, whereby the respondent Nos.1 to 3 were acquitted of the charge under section 337-ADF, 34 PPC in FIR No.11/2022, Levies Station Lehri.

2. Brief facts of the case are that initially on the complaint of Muhammad Arif, the aforementioned FIR was registered, against the respondents/accused with the allegations that on the fateful day of incident, he was standing outside his house, meanwhile, at about 09:00 p.m. the accused persons, launched an attack upon him and beaten him with dandas, due to which he sustained serious injuries on his person. The respondents/accused also took Rs.7560/- from his pocket. Consequently, the FIR was lodged.

3. After registration of FIR, respondents/accused were arrested and on completion of investigation, challan of the case was filed before the trial Court. Criminal Acquittal Appeal No.(S) 02 of 2024. 2 Only for viewing purpose. Contact office for certified copy.

4. A formal charge was framed and read over to the respondents/accused, to which they pleaded not guilty and claimed trial.

5. In order to prove the accusation, the prosecution has produced the following witnesses: PW-1 Muhammad Atif, the complainant of the case, who produced his fard-e-bayan Ex.P/1-A. PW-2 Ghulam Mohiuddin, the eyewitness of the case. PW-3 Abdul Haleem, is also the eyewitness of the case. PW-4 Gul Muhammad, Levies Seopye, recovery witness, produced site inspection memo as Ex.P/4-A, recovery memo of two sticks as Ex.P/4-B, parcel No.1 as Art.P/1 and two sticks as Art.P/2 and 3, respectively. PW-5 Dr. Ali Mardan, the Police Surgeon, who examined the injured and also issued MLC as Ex.P/5-A. PW-6 Ghulam Murtaza, the Investigating Officer, brought on record FIR and site plan, as Ex.P/6-A and Ex.P/6-B. PW-7 Meeran Khan, Naib Tehsildar, the second Investigating Officer, brought on record, incomplete challan and supplementary challan as Ex.P/7-A and Ex.P/7-B.

6. On conclusion of evidence from the prosecution’s side, the respondents/accused were examined under Section 342, Cr.P .C., wherein, they once again denied the prosecution accusations and professed their innocence and false implication. They neither opted to record their statements on oath, as envisaged under Section 340(2), Cr.P .C.nor produced any witness in their defence. Criminal Acquittal Appeal No.(S) 02 of 2024. 3 Only for viewing purpose. Contact office for certified copy.

7. The trial Court, after hearing argument, vide impugned judgment, acquitted the respondents/accused persons of the charge extending them the benefit of doubt, hence this appeal against acquittal.

8. Learned counsel for the appellant inter alia contended that the impugned judgment passed by the trial Court is contrary to law and facts and also based on misreading and non-reading of evidence; that the trial Court has overlooked the direct evidence, which is further corroborated with the medical evidence; that the trial Court has not exercised its jurisdiction properly as…

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