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Criminal Revision No. 582 of 1984, decided on 13th November, 1984.
‑‑‑S. 325/34‑‑Only injured prosecution witness receiving as many as five injuries out of which one injury on left forearm declared grievous‑ Radiologist not produced to prove X‑Ray‑‑Conviction and sentence under S.325/34, Penal Code, set aside.
‑‑‑S. 325/324/34‑‑Accused causing hurt with Dang, which used as a weapon of offence, likely to cause death‑‑Accused convicted under 5.324, Penal Code and awarded six months rigorous imprisonment in view of number and nature of injuries and part played by him.
Ch. Nisar Ahmad for Petitioner.
Nemo for the State.
Date of hearing: 13th November, 1984.
The facts giving rise to this petition are that Muhammad Ramzan and Noora were tried by Magistrate 1st Class, Samundari, District Faisalabad who vide his order dated 22‑12‑1983 convicted them under section 325/34, P.P.C. and sentenced them to two years' R.I. each. The appeal filed by them failed on 17‑10‑1984, hence this revision.
2. While conceding that the injured witnesses had received injuries at the hands of the petitioners, the learned counsel challenged the nature of the offences. He submitted that the Radiologist was not examined to prove the X‑Ray, therefore, the petitioners could nut have been convicted under section 325/34, P.P.C. No one has appeared for State to oppose this revision.
3. I have considered the arguments addressed by the learned counsel for the petitioners. 1 find that Yousaf the only injured P.W. of the case received as many as five injuries out of which injury No.3 on left forearm has been declared grievous. Since the Radiologist has nut been produced to prove the X‑Ray therefore the conviction of the petitioners under section 325/34, P.P.C. is liable to be set aside. Instead they are convicted under section 324, P.P.C. because they caused hurt with Dang which used as a weapon of offence is likely to cause the death.
4. This brings me to the question of sentence. In view of the number and nature of the injuries and the part played by the petitioners I am of the view that sentence of six months' R.I. each, would meet the case. Order accordingly.
M.Y.H. Petition partly accepted.
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