1. ' MUNIB AHMAD KHAN, J.---This Revision Application has been filed against the order dated 23-7- 2007 passed on application of the applicants under section 227, Cr.P.C. For amending the charge.
2. ' According to learned counsel the police submitted challan under section 319, P.P.C. As there was no intention of accused persons to kill the deceased Rano. He further submits that charge has not been framed as per police report but under section 302, P.P.C. And Court has proceeded despite application for amendment of charge, has not altered the charge.
3. ' The learned counsel for complainant and learned Assistant A.G submit that from the evidence recorded so far; it is clear that applicants being police officials have thrashed the deceased to the extent that he died due to injuries caused on temporal region by butt blows of police rifles.
4. ' After hearing the learned counsel, I have observed from the F.I.R. That allegations against the police officials are that they took Rano Khan the son of alleged wanted person and thrown him with force to the police mobile despite his resistence and request by other persons present and when he refused they inflicted butt blows to the body of deceased including temporal region.
5. ' In such situation, the Court was at liberty to frame the charge and to deviate from the finding of the police. It is to be noted that all the four accused persons are police officials therefore lenient view was expected from the police officials. The finding of the trial Court on application under section 227, Cr.P.C. Is as follows:-- ' I have heard learned counsel for the parties and perused the evidence come on record. In this case the prosecution have examined P.W. Haji Hakim at Exh.15. P.W.2 Muhammad Hussain Dahri Exh.16, P.W.3 Ghulam Mustafa Dahri Exh.17, who are eye, witnesses of the incident, they have categorically involved the accused persons with specific role of causing such injury to particular accused, which also tally with the evidence of the doctor, therefore, in may opinion the charge has been properly framed in this case, and the same does not warrants any amendment or alteration hence the application in hand is rejected.
6. ' In the above situation and keeping in view the evidence which has been recorded so far, whereby all the P. Ws. Have involved the applicants in a way that they have inflicted serious injuries notwithstanding the fact that they are police - officials and would have acted in a civilized way.
7. ' In such situation, I find no force hence dismiss the Criminal Revision Application.