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Judgment On Conviction of 30-6-19

1) The accused, A, was charged with assaulting B with a stick, causing a fracture to B's right leg during a quarrel while playing cards at A's house. 2) Witnesses including the victim, B, and medical evidence established that B's injury was caused by an assault with a stick, contradicting the accused's claim that the injury was from a fall. 3) Based on the evidence, the court found the accused guilty of assault under section 352 PPC and sentenced him to 6 months imprisonment and a 15,000 rupee fine or 3 months additional imprisonment if the fine is not paid.

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53 views4 pages

Judgment On Conviction of 30-6-19

1) The accused, A, was charged with assaulting B with a stick, causing a fracture to B's right leg during a quarrel while playing cards at A's house. 2) Witnesses including the victim, B, and medical evidence established that B's injury was caused by an assault with a stick, contradicting the accused's claim that the injury was from a fall. 3) Based on the evidence, the court found the accused guilty of assault under section 352 PPC and sentenced him to 6 months imprisonment and a 15,000 rupee fine or 3 months additional imprisonment if the fine is not paid.

Uploaded by

Mike Kalo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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In the Court of Judicial Magistrate No.

20
Karachi East
Criminal Case No. XXX of 2018

State ………………………………………………………………….
Complainant

Versus

A S/o B, Businessman

R/o Gulberg, Karachi ……………………………………………………


Accused

JUDGMENT

1. SHO of P.S Shahrah-e- Faisal sent up above-named accused


before this Court on 12-12-2018.

2. A formal charge Exh. 2 was framed against the accused on


19-12-2018 to which accused did not admit the truth of
allegation and claimed to be tried.

3. The prosecution story in a nutshell is that on 01-08-2018 A


and B were playing cards in the house of A. Suddenly a
quarrel occurred between them and A assaulted on B with
stick on his right leg so forcefully that it caused fracture
injury on B’s leg; that attack of assault by A on B was also
witnessed by C and D (the parents of A). As a consequence
of injury B was referred hospital, where he got the
treatment. Doctor E’ issued the medico legal certificate
showing fracture on right leg of B’. After completion of
usual steps of investigation, the challan was submitted
before this Court as afore-said.

4. The prosecution in support of the case examined injured B’


vides Ex. P/1. He supported his case. The prosecution also
examined C and D (the parents of A) as prosecution
witnesses, but they did not support the prosecution version.
Consequently the complainant of the case declare, C and D
as hostile and with permission of Court cross-examined
them as Ex. P/2. Doctor E was examined as Ex. P/3. He
supported the medical evidence and certificate as Ex. P/4.
I.O of the case was also examined at Ex. P/5. He produced
copy of the FIR, memo and case property (stick) of the site
as Ex. P/6, P/7 and P/8 respectively. The prosecution closed
the side vide Ex. P/9.

5. The statement of accused was recorded u/s 342 Cr.P.C,


which was falsified by the accused. In his support he
examined DW.1 Amiir as Ex. D/10 and DW.2 Nafees as Ex.
D/11. However, the accused was also examined during the
trial when he offered himself as a witness on oath in his
defence. His defence to that effect was recoded as Ex. D/12.
The defence closed the site at Ex. D/13.

6. Arguments of prosecutor and defence counsel were heard


and the material on record was perused to decide the
instant controversy in hand.

7. The following are the simple points for determination.

i. Whether the victim of crime A received fractured


injury on his right side of leg in consequence of attack
by assault.
ii. Whether B caused fracture injury with lathi blows on
the side of the leg of B.
iii. If yes, what offence was committed?
iv. Conclusion?

Point No. 1:

On this point there is evidence of victim of crime A which is


supported by medical evidence and evidence of I.O.; M.C
and FIR have been produced on record, which are duly
supported by oral evidence of Medical Officer Ex. P/3 and
I.O Ex. P/5. Consequently point No. 1 is proved in
affirmative.

Point No. 2:

The prosecution in order to establish its case against the


accused with strong medical and ocular evidence examined
the complainant of the case. B victim of crime is fully
implicates A with the alleged criminal transaction of the
charge of offence and he state that during his deposition
that during playing cards he win continuously two bids from
A due to that A angry upon him and quarrel with him, so he
left the room and came up outside from the room A came
towards him and hold wooden stick which was placed in the
right side of room of A, as He reached 4TH step of stairs, A
forcefully hit on his right side leg due to that he fall down
from stairs and bleeding occurred from right side of leg
when he was fall down he cried due to his crying the
parents of A came outside from their room. Therefore A and
their parents took me hospital for treatment. Whereas, the
parents of A (C & D) did not direct implicate the accused A
with offence. According them accused received leg injury
due to fallen on stairs. As their evidence is derogatory they
declared as Hostile, after the permission of this court they
cross-examined by complainant, C & D disclose that they
heard crying of B in his room on ground floor, they came
from room and saw B was already fall in stairs and A is
stood on the 4th last step of stair. As the C and D are the
parents of A so its deposition not accepted fully because
parents always support their child. During cross examine
they state that they neither saw B during fallen. The Doctor
examined by this court he tells the court during cross
examine that this type of injury is not cause of fallen and
someone forcefully hit the stick or anything on leg of victim.
I.O was examined by this court and produce stick as case
property, in his deposition state that the stick was
recovered from the room of accused and sketch of blood
clearly seen on stick and sample of blood of B and blood on
stick match. The DW-1 Amir, he is the employer of A’s
House and work as cooker during cross examine disclose
that when he given tea to the A & B which playing cards in
their room, he heard the quarrel between them.
Consequently I hold the opinion on that point that
prosecution proved his case from every corner of medical
evidence and ocular evidence no any question arise for any
doubt. Moreover, complainant proves the motive of accused
behind the incident which is essential element in the
criminal case. The case complainant in the circumstances is
found straight against accused beyond reasonable doubt.
Therefore, I answer point No. 2 is affirmative.

Point No. 3:

On the strength of my findings on point No. 2 I hold point


No. 3 as established against present accused and accused is
guilty of aforesaid offence.

Point No. 4:

In view of my findings on the point No.2, since the


prosecution has proved its case against accused beyond the
reasonable doubt for the offence punishable under section
352 PPC, accused namely A is convicted under section
345(ii) Cr.P.C and sentence to suffer simple imprisonment
of six months and with fine of fifteen thousand rupees. In
default payments of fine he shall be under go S.I of three
months more. However, the accused is extended to benefit
of section 382-B of Cr.P.C. The accused is present on bail
and is taken into the custody and remanded to central
prison Karachi through Superintendent District Prison East
to serve out the sentence.

To announce in open Court,


Given under my hand and seal of this Court
On the 20th day of March 2019

J.M No. 20 Karachi


East
Property order:
Property viz. one lathi be destroyed after expiry of appeal
period.

J.M No. 20 Karachi


East

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