747/2019 Cr.J.A MUHAMMAD RAMZAN S/O KARIM BUX (Appellant) V/S THE STATE (Respondent)

747/2019 Cr.J.A MUHAMMAD RAMZAN S/O KARIM BUX (Appellant) V/S THE STATE (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar(Author) Order Date: 02-JUL-20

Penal Code (XLV of 1860)--- ---Ss. 320, 107 & 114---Provincial Motor Vehicles Ordinance (XIX of 1965), Ss. 3 & 5---Qatl-i-khata by rash or negligent driving--- Abetment--- Scope--- Abettor present when offence is committed---Prohibition on driving without licence---Scope---Accused, while driving a water tanker, hit an unknown lady who received injuries and expired on the spot---Driving licence of accused was found to be fake and bogus---Investigating Officer of the case was required to have included the owner of the vehicle in investigation as co-accused for allowing the vehicle to be driven by a person who was not holding a valid driving licence or whose licence was not genuine---Owner of the vehicle was an abettor in terms of S.107, P.P.C. and his case fell under S.114, P.P.C.---Investigating Officer was directed to take action against owner of the vehicle and the prosecution was directed to expeditiously complete the trial against the owner as co-accused---Appeal was adjourned pending action against the owner of the vehicle. Atta Muhammad v. The State 2005 PCr.LJ 1648 rel.