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mashal khan Friday, February 25, 2011 01:05 PM

What Is Attempted Murder and their punishment in pakistan?
 
[B]Dear members i really want to know that what is an attemted murder and what is their punishment in pakistan? and what evidences counted during appeal to any court?[/B]

Abdul Rahim Chaudhry Friday, February 25, 2011 05:32 PM

[QUOTE=mashal khan;271006][B]Dear members i really want to know that what is an attemted murder and what is their punishment in pakistan? and what evidences counted during appeal to any court?[/B][/QUOTE]
attempted murder/qatal e amd...is an intentional murder as defined in sec 300 of PPCS...its punishment is categorized in 3 ways
S. 302 (a) death as qisas
(b) death/life imprisonment as tazir (where proof of s.304 is nor available)
(c) life imprisonment where qisas in not applicable

sajidnuml Friday, February 25, 2011 07:39 PM

[QUOTE=mashal khan;271006][B]Dear members i really want to know that what is an attemted murder and what is their punishment in pakistan? and what evidences counted during appeal to any court?[/B][/QUOTE]


Any act done with intention to murder some one but the attempt failed either the victim survived with minor injuries or the accused failed to target the victim such act sufficiently constitutes an act of attempt to murder.

It is dealt under section 324 of Pakistan Penal code and its maximum punishment is 10 years imprisonments but not less than 5 years and the rest depends on the circumstances.

by circumstances there are lots of things that will determine the punishment for this act alone it is 10 years.

The rest I will tell you after css papers

mashal khan Friday, February 25, 2011 11:40 PM

[QUOTE=Abdul Rahim Chaudhry;271188]attempted murder/qatal e amd...is an intentional murder as defined in sec 300 of PPCS...its punishment is categorized in 3 ways
S. 302 (a) death as qisas
(b) death/life imprisonment as tazir (where proof of s.304 is nor available)
(c) life imprisonment where qisas in not applicable[/QUOTE]

Thnks for reply....what is QISAS?

MORE,if someone attacked a person and he miracally saved,and has no injury,so in suc circumstances,he or she may sue the attacker under this act,if yes then how?

Rixwan Friday, February 25, 2011 11:55 PM

[QUOTE=mashal khan;271305]Thnks for reply....what is QISAS?

[/QUOTE]
[FONT="Comic Sans MS"]
Qisas means retaliation...e.g an eye for eye or life for life...
for details you can see the link...[/FONT]

[URL="http://en.wikipedia.org/wiki/Qisas"]Qisas - wikipedia[/URL]

Abdul Rahim Chaudhry Saturday, February 26, 2011 11:40 PM

[QUOTE=mashal khan;271305]Thnks for reply....what is QISAS?

MORE,if someone attacked a person and he miracally saved,and has no injury,so in suc circumstances,he or she may sue the attacker under this act,if yes then how?[/QUOTE]
qisas means the same act i.e an eye for an eye

if a person fortunately survives then attempt to murder is charged U/s 324 PPC

yep victim/injured person can sue under the civil laws(damages claimed/recovery suit is filed against the culprits in civil courts)

venomencer Sunday, February 27, 2011 10:39 AM

Attempt to commit Qatl-i-Amd
 
[B]AO, Bro you asked "What Is Attempted Murder and their punishment in Pakistan". Well this situation is dealt under Sec-324 Pakistan Penal Code (PPC).

[SIZE="4"]Sec-324, PPC---Attempt to commit qatl-i-amd[/SIZE]:
"Whoever does any act with such intention or knowledge, and under such circumstances, that, if he by that act caused qatl, he would be guilty of qatl-i-amd, shall be punished with imprisonment for either description for a term which may extend to ten years [but shall not be less than five years if the offence has been committed in the name or on the pretext of honour] , and shall also be liable to fine, and, if hurt is caused to any person by such act, the offender shall, in addition to the imprisonment and fine as aforesaid, be liable to the punishment provided for the hurt caused:

Provided that where the punishment for the hurt is qisas which is not executable, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to seven years".

[COLOR="Blue"]Qisas is defined under Sec-299 (k) of PPC. Punishment by causing similar hurt at the same part of the body of the convict as he caused to victim, or by causing his death if he has committed [I]Qatl-i-Amd[/I], in exercise of the right of victim or a [I]wali[/I]
[/COLOR]
[SIZE="3"]Sec- 300, PPC----Qatl-e-Amd:[/SIZE]
Whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to cause death, or with-the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of such person, is said to commit qatl-e-amd.


[SIZE="3"]Sec-302, PPC------Punishment of qatl-i-amd:[/SIZE]
[B]Whoever commits qatl-e-amd shall, subject to the provisions of this Chapter be:
(a) punished with death as qisas;
(b) punished with death or imprisonment for life as ta'zir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in Section 304 is not available; or
(c) punished with imprisonment of either description for a term which may extend to twenty-five years, where according to the injunctions of Islam the punishment of qisas is not applicable.

Provided that nothing in this clause shall apply to the offence of qatl-i-amd if committed in the name or on the pretext of honour and the same shall fall within the ambit of (a) and (b), as the case may be. [/B]

I have just mentioned some of the relevant sections concerned with Qatl, otherwise it needs an exhaustive survey of Criminal Law System prevalent in our courts. The wordings - in statute- are not simple and may lead one to confusion. If you fire on several persons with the intention of killing them, and as a result two are killed while others receive grave injuries. Now the court has to deal with each offence severally but in a single case. consequently you will receive punishment for both, death and injuries.

[COLOR="Red"]Remember, PPC is a Substantive law contra distinguished from Adjective law (also called Procedural Law), the former being independent in standing while the latter (Criminal Procedure Code, Cr.P.C) augments it by defining a procedure under which the trial is made.[/COLOR][/B]


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