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Criminal Revision No.30 of 1985, heard on 30th January, 1985.

‑‑‑Ss.325 & 323‑‑Expert evidence‑‑Radiologist not examined to prove X‑Ray of injured witness‑‑Accused, held, could not be convicted under S.325, P.P.C.‑‑Conviction of accused under S.325, P.P.C. set aside and convicted under section 323, P.P.C. in circumstances.‑‑[Evidence].

Hafiz Muhammad Yousaf for Petitioners.

Arshad Khan for the State.

Date of hering: 30th January, 1985.

The facts giving rise to this revision are that Muhammad Ramzan petitioner and 2 others were tried by Magistrate Ist Class, Chiniot under sections 325 and 452/34, P.P.C. for causing grievous injury to Muhammad Tariq after having committed criminal house trespass. On the conclusion of the trial the learned Magistrate acquitted the co accused, but convicted the appellant under section 325/34, P.P.C. and sentenced him to 2 years' R.I. On appeal, the learned Additional Sessions Judge, Jhang while maintaining the conviction under section 325/34, P.P.C. reduced the sentence from 2 years to one year R.I. and a fine of Rs.2,000, in default thereof 3 months' R.I. Hence this revision.

2. On 29‑1‑1985, after hearing the learned counsel I had admitted the petition to consider the nature of offence committed by the petitioner. I find that the Radiologist was not examined "to prove the X‑Ray of the' injured witness. That being the position, I am of the view that the trial Court could not have convicted the petitioner for causing grievous injury under section 325/34, P.P.C. Resultantly, the conviction under section 325, P. P. C. is set aside instead the petitioner is convicted under section 323, P.P.C. and sentenced to 6 months' R.I. and a fine of Rs.1,000, in default thereof 1 months' R.I. With this modificalian, the petition is dismissed.

M. A. K. Order accordingly.

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