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Criminal Revision No. 500 of 197,3, decided on 31st March,1984.
---S. 439--Penal Code (XLV of 1860), S. 148/302/307/149--Proceedings in complaint case--Quashing of--Occurrence taking place 12 years back- Accused already tried under S.307, P.P.C. and convicted under S.324, P.P.C.--Injured died after considerable time of occurrence in process of operation--Post-mortem not conducted on dead body--Nothing on record to show that death was direct result of injuries caused by accused- Proceedings in subsequent complaint under S.148/302/307/149, P.P.C. in circumstances ordered to be quashed.
Rana Abdur Rahim Khan for Petitioner.
Athar Rehman Khan and Mian Habib Ahmad Ansari for the State.
Date of hearing: 31st March, 1984.
The facts giving rise to this revision in brief are that Ghulam Nabi complainant/ respondent had lodged the F.I.R. under section 307/ 148/149, P.P.C. against Khushi Muhammad and 6 others at Police Station Sohuka. The allegations were that the petitioners and others in furtherance of their common object munched murderous assault on Mst. Muhammad Bibi and caused injuries to her. The petitioners and others were tried by Magistrate Section 30 who convicted the petitioner and others under section 324/34, P.P.C. and sentenced them to a fine of Rs.500 each, in default thereof to R.I. for 9 months. In the cross-case under section 307/34, P.P.C. against the complainant party, the accused therein were acquitted. It may be noted here that Mst. Muhammad Bibi was operated upon on 23-7-1969 and she expired during operation process. After her death, complainant Ghulam Nabi filed complaint under section 302/307/148/149, P.P.C. against the petitioner and others with regard to the same occurrence for which the petitioner and others had already been tried and convicted. The complaint was transferred to the Court of Assistant Commissioner, Lodhran who, vide his order, dated 24-10-1972 summoned the petition and others to face trial in the complaint, hence this revision.
I am informed that Ghulam Nabi respondent No.1 has died.
2. The learned counsel for the petitioner submits that the petitioner having once been tried could not have been summoned to face trial in the complaint under section 302/307/148/149, P.P.C. that the post-mortem examination was not conducted on the dead body of the deceased and as such, the petitioner cannot be tried under section 302, P.P.C. and that the eye-witnesses mentioned in the complaint have already been examined in the challan case under section 307, P. P. C.
The learned counsel for the State and the learned counsel for Ghulam Nabi complainant have however, supported the impugned order.
3. I have considered the arguments advanced by the learned counsel for the parties. In the circumstances of the case, I feel inclined to quash proceedings for the reasons 'that the occurrence had taken place about 12 years back; that the petitioner was tried under section 307, P.P.C. for murderous assault upon Mst. Muhammad Bibi deceased and he was convicted under section 324, P.P.C. that admittedly Mst. Muhammad Bibi died after considerable time of the occurrence and that, too, in the process of operation; that post-mortem examination on her dead body was not conducted and that there is nothing on the record to show that the death was direct result of the injuries inflicted by. the petitioner. Resultantly, the proceedings against the petitioner under section 302/307/148/149, P.P.C. pending in the Court of Assistant Commissioner, Lodhran are hereby quashed.
S.A./4661/L Proceedings quashed.
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