30/07/2025
2025 PCrLJ 470
[Sindh]
Section 324, P.P.C., applicability of---Accused were charged for making firing upon the cousins of complainant, due to which they sustained firearm injuries, and accused allegedly left the place of occurrence while issuing murderous threats---In the present case, defence raised the plea that S.324, P.P.C. was not applicable as accused persons had not repeated fire upon the injured witnesses---However, once an accused person pressed the trigger of his firearm,S.324, P.P.C. comes in action---Section 324, P.P.C. consists of two parts ie, commission of an act with intention or knowledge to commit qati-i-amd, and in the second part, there is effect of the act done---Application of S.324, P.P.C. has to be judged in background of the number of the accused persons, the weapon carried by them and the opportunity available to them to complete the intended offence---In the present case, when both the injured were present at the bus stop and were waiting for the bus, the accused persons duly armed with gun appeared at the place of incident by saying that there was enmity between them and why they were standing here and, on the reply of the injured witnesses they made straight fire upon them and resultantly they received multiple pallets injuries on different part of the body---Hence ingredients of S. 324, P.P.C. were very much applicable in the present case---Circumstances established that the prosecution had successfully established its case against two accused persons beyond shadow of doubt---
