' TARIQ SHAMIM, J.---Pre-admission notice was issued to respondents Nos.1 to 4 and since both the parties are represented by their counsel, therefore, this case shall be treated as an admitted case.
2. The petitioner lodged case F.I.R. No,273 of 1999 dated 19-8-1999 against respondents Nos. 1 to 4 at Police Station Malka Hans, Teshil and District Pakpattan for offences under sections 337-F(i), 337- F(v) and 285/34, P.P.C. According to the F.I.R. While the petitioner, his mother Mst. Fajjan and Ghulam Qadir son of Haider were asleep, at about 10-00 p.m. In front of their house, four persons i,e, respondents Nos. 1 to 4 armed with a Dang, a Sota, a .12 bore gun and a pistol launched an attack in consequence of which Ghulam Qadir received a Dang blow on his left shoulder and the petitioner's mother namely Mst. Fajjan received a Sota blow on the upper side of her left arm. The injured were medically examined and consequently, the aforesaid F.I.R. Was lodged on the basis of the medico-legal reports of the said two injured persons. The petitioner submitted an application to the S.H.O. For addition of offences under sections 324 and 336, P.P.C. Which was declined and resultantly, the petitioner filed Writ Petition bearing No,11430 of 1999 before this. Court. Subsequently, Criminal Original No,25 of 2000 was also instituted, wherein Muhammad Ashraf, S.-I. Appeared and made a statement before the Court that challan of the case had been submitted in the trial Court.
In view thereof, a direction was given to the petitioner to submit an application to the learned trial Court. In compliance with the said order the petitioner submitted an application for addition of offences, however, the application was dismissed by the learned trial Court on 8-2-2001 holding that the matter would be taken up after recording of evidence.
3. During the course of trial five witnesses including the Medical Officer were examined and since the offences under sections 324 and 336, P.P.C. Were fully made out from their testimony therefore, the petitioner submitted another application seeking addition of offences and accordingly framing of the charge against the accused. The application to the extent of addition of offence under section 336, P.P.C. Was accepted however, it was declined to the extent of offence under section 324, P.P.C. Vide order dated 29-10-2005. Since the learned Court lacked jurisdiction to try offence under section 336, P.P.C. Therefore, the file was referred to the learned Sessions Judge, Pakpattan for entrustment to a court of competent jurisdiction. The petitioner as well as respondent No,2 being aggrieved of the said order filed separate criminal revisions before the learned Sessions Judge which were entrusted to the learned Additional Sessions Judge who after hearing the parties dismissed the criminal revision filed by the petitioner and accepted the one filed by respondent No,2. The petitioner being aggrieved of the said order has approached this Court through the instant petition.
4. On 26-4-2007 with the consent and concurrence of the learned counsel for the petitioner as well as respondents Nos. 1 to 4, Ghulam Qadir son of Haider Ali, the injured witness was ordered to be examined by a Medical Board to be constituted by the Medical Superintendent of the Services Hospital, Lahore in order to determine the extent of impairment of the function of his left arm on account of injury suffered by him during the occurrence. The Medical Superintendent Services Hospital, Lahore, submitted report of the Standing Medical Board vide No,M0E/SMB/1223/SH, dated 23-5-2007. The opinion of the Standing Medical Board is reproduced hereunder:- "0/E Non united/Manumitted supra condylar fracture of left humerus with non functioning elbow and hand.
' Complete radial nerve loss distal to fracture. Complete ulnar nerve loss and contract of fingers.
Partial median nerve loss stiff left shoulder.
' Non united supra condylar fracture of left homers and complete loss of radial and ulnar nerve at wrist and hand and partial median nerve loss.
' Left upper limb is nonfunctional."
It is evident from the above that as a result of injury sustained by Ghulam Qadir in the said occurrence there is complete loss of radial and ulnar nerve at wrist and hand and partial median nerve loss. Left upper limb is non-functional. It is manifest that as a result of the injury there is Itlaf- i-Salahiyyat-i- Udw as the victim is not in a position to perform any physical work with his left arm.
The learned Additional Sessions while dismissing the revision petition filed by the petitioner vide the impugned order failed to consider this aspect of the case and did not make any effort to refer the injured for examination by a Medical Board in order to determine incapacity or the extent of non- functioning of his limb. The learned Magistrate in the well-reasoned order based on the evidence adduced by the prosecution at the trial had rightly concluded that offence under section 336, P.P.C.
Was attracted.
5. In view of what has been discussed above, this petition is accepted and the impugned order dated 24-2-2006 passed by the learned Additional Sessions Judge, Pakpattan is set aside. The revision petition filed by the petitioner shall be deemed to be pending which shall be decided by the learned Additional Sessions Judge in the light of the report of the Standing Medical Board of the Services Hospital, Lahore dated 23-5-2007. The office is directed to transmit the original report to the court below while retaining a photocopy for the record. The parties are left to bear their own costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.