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Criminal Miscellaneous No. 1 and Criminal Appeal IVo. 170 of 1981, decided on 26th April, 1981.
---- S. 426 - Sentence, suspension of - Accused convicted under S. 307, P. P. C. for giving a stab wound to his victim, cutting spinal cord fibres rendering him unable to walk-Suspension of sentence declined, in circumstance.
-- S. 426-Sentence, suspension of-One of two petitioners, giving stick blows to witnesses. resulting in simple injuries while no injury at all attributed to other one-Sentence suspended, in circum stances.
Sardar Altaf Hussain Khan for Petitioners.
Muhammad Abdur Rashid for the State.
Muhammad Nazir, Muhammad Bashir and Muhammad Sharif petitioners have been convicted under section 307/34, P. P. C. and sentenced to R. I. for six years and a fine of Rs. 5,000 each. The grounds urged for suspension of sentence are that four persons, namely, Ghulam Nabi, Ghulam Fatima, Bashir and Allah Wasaya, sustained injuries during the occurrence and all their injuries were declared simple in nature, therefore, section 307, P. P. C. is not attracted, it is further submitted that Muhammad Sharif petitioner was empty-handed and no injury has been attributed to him.
2. Record perused. Dr. Zafar lqbal who medically examined the aforesaid P. Ws. stated that all the injuries on their persons were simple in nature. Dr. Altaf Hussain. Neuro-Surgeon,- appearing as C. W. 1. however, stated that clinical examination of Ghulam Nabi injured A revealed that the stab wound had cut spinal cord fibres so he was unable to walk. This injury has been attributed to Muhammad Nazir petitioner. No ground for the suspension of his sentence is made out. Bashir petitioner gave stick blows to Bashir and Allah Wasaya P. Ws. Bashir had two abrasions simple in nature and Allah Wasaya had four injuries all simple in nature. No injury has been attributed to Sharif B petitioner. The sentence of Muhammad Bashir and Muhammad Shard is suspended subject to their furnishing security in the sum of Rs. 10,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Kasur.
Order accordingly.
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