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Petition for Special Leave to Appeal No. 294 of 1967, decided on 6th December 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the ]0th November 1967, in Criminal Revision No. 201 of 1967).
S. 325/34‑Grievous hurt‑Accused convicted and sentenced to one year's R. I‑Special leave to appeal to Supreme Court sought against quantum of sentence‑Plea raised not supported by provision of law or some precedent‑Petition dismissed.
Niaz Muhammad Siddiqi, Advocate Supreme Court instructed by Wajid Hussain, Senior Attorney for Petitioners.
Nemo for the State.
Date of hearing: 6th December 1967.
.‑The petitioners stand convicted under section 325/34, P. P. C. and sentenced to one year's rigorous imprisonment each.
Leave is asked for to appeal on the ground that since the case was in the first instance heard by a Second Class Magistrate who could impose a maximum sentence of six months, the subsequent conviction and award of sentence of one year's rigorous imprison ment by a First Class Magistrate was illegal.
The learned counsel is unable to support the plea raised by any provision of the Code or by some precedent. The sentence awarded being legal and fully merited by the merciless blows given by the petitioners to the complainant which resulted in the fracture of both his legs we see no ground to interfere.
The petition is dismissed.
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