This Intra Court Appeal under Section 3 of the Law Reforms Ordinance, 1972 is directed against the order dated 01.06.2015 passed by learned Judge in Chamber whereby the writ petition filed by the appeliarit against the order dated 03.01.2015 passed by learned Addl. Sessions Judge, allowing the application for constitution of Medical Board, was dismissed with the observation that the trial Court has clarified that the Medical Board will only report whether eyesight of Safdar and Yasin, have permanently been restored to reach at a just conclusion.
2. Learned counsel for the appellant submits that since Section 336, PPC has already been added, therefore, opinion of any Medical Board would not be relevant. He refers to the definition of Section 336, PPC regarding Itlaf-i-Salahayat-i-udw and argues that dis-formation on the head damaging the skull is visible which will be sufficient to constitute the offence.
3. Conversely, learned counsel for Respondent No, 3 contends that application for constitution of Medical Board was filed by him when the charge was not even framed, therefore, after recovery of the injured persons, the Medical Board will be in a better position to give the opinion as to whether eyesight of Safdar and Yasin, injured persons is permanently impaired.
4. Arguments heard. File perused.
5. The application for constitution of Medical Board 'was filed by Respondent Nos, 3 on 23.01.2015 and, the charge was framed on 20.04.2015 and as such said application was competently filed before Magistrate Section-30, Mailsj. Originally, the FIR No, 88/13 was registered under Sections 324, 337-A(i), 337-A(ii), 337-F(i), 143, 149, PPC on 19.03.2013 but Section 336. PPC was added on 12.05.2014, the application, therefore, was filed after about 8 months alleging that Safdar and Yasin, injured persons have not suffered permanently due to impairing the functioning power or capacity of eye and have also not suffered from permanent disfigurement. We have been taken through the file by the learned counsel for the appellant but could not locate any opinion of the Medical Board on the basis of which Section 336 PPC was added, rather a ward report given by Dr. Yasrab Habib, Medical Officer, T.H.Q Hospital, Mailsi, was mentioned as its basis Even there wise, at the time of pronouncemen of judgment by the learned trial Court, it will be relevant for the Court to know the exact position about the nature of injuries sustained by said injured persons with a view to impose the compatible sentence.
6. In our humble opinion, it should be the Medical Board comprising of the Professors of the relevant specialized area at Nishter Hospital, Multan so as to attach greater importance to medical opinion.
Consequently, the Medical Superintendent, Nishter Hospital, Multan is directed to constitute the required Medical Board to examine the injured Yasin and Safdar, and give its opinion accordingly.
7. With this modification, we dispose of this Intra Court Appeal.