The petitioner, Muhammad Khan, 35, was tried by Kanwar Azmat Ali, Magistrate Section 30; Jauharabad, under section 307, P. P. C. For the attempted murder and causing of injuries to Ahmad Khan (P.W. 7), his co-- villager, on 14th June, 1973 at 6.30 a. m. In the area of village Kund, Police Station Khushab.
2. The learned trial Magistrate, vide his judgment dated 24th August, 1980 convicted the petitioner under section 307, P. P. C. And sentenced him to four years' R. I and a fine of Rs. 5,000, or in default to two years' R. I. Further. It was also directed that the fine, if realized, would be paid as compensation to the aforesaid injured P. W. The petitioner preferred appeal against his conviction and sentence in the Court of Session at Sar--godha. The learned Additional Sessions Judge, Khushab (as in the mean--time a new district of Khushab came into being) dismissed the appeal, vide his judgment dated 11th August, 1982 and upheld the conviction and sen--tence of the petitioner.3. Through the present petition for criminal revision, the petitioner has challenged his conviction and sentence and prayed that the same be set aside.
4.The allegations against the petitioner, briefly statement are that on14th June, 19" at about 6.30 a. m. The petitioner had an altercation with Ahmad Khan (P. W. 7) while he was ploughing his land.
Both of them exchanged abuses. The alarm thus raised attracted Mst. Alam Khatoon (P. W. 1) the wife of Ahmad Khan, Muhammad Riaz (P. W. 2) the son of Ahmad Khan, Sher Baz (P. W. 6) the brother of Ahmad Khan, and one Sher Muhammad (given up) to the scene of occurrence. All these witnesses were present in the `Dera' of the injured P. W. Which is located in the close proximity of the place of occurrence. Within the sight of the aforementioned P. Ws. The petitioner dealt a hatchet blow from the right side on the head of Ahmad Khan (P. W. 7) causing grievous injury to him, Thereafter, the petitioner made good his escape. The injured P. W. After receiving the injury at the hands of the petitioner fell down and became semi-conscious. His wife, Mst. Alam Khatoon (P. W. 1) lodged the report on the same day at Police Station Khushab at a distance of seven miles at about 7.30 a. Txt. While the injured was taken to the hospital.
5. P. W. 3 Dr. Shah Qutab, the then Medical Officer Shahpur examin--ed Ahmad Khan (P. W. 7) on 14th June, 1973 and found the following injury on his person :- "An incised wound 5-1/2" x 1" x brain deep on the left side of the face vertically in direction 1/4" front of the left ear. Bleeding from left ear was present."
The injury was declared grievous and dangerous having been caused by sharp-edged weapon within a duration of three hours. Exh. P. B. Is the correct carbon copy of medico-legal report while Exh. P. B./1 is the diagram indicating the location of the injury.
6. P. W. 4 Dr. Muhammad Races, the then Medical Officer, Civil Hospital, Khushab, opined on police application, Exhibit P. C. That the injured was not fit physically to give statement. The opinion is Exhibit P. C./1.
7. P. W. 9 Sultan Ali, the then A. S. I., P.-S. Khushab conducted the investigation in this case. He recorded the statements of the P. Ws. Under section 161, Cr. P. C. He secured blood-stained clothes of the injured P. W. And also blood-stained earth from the place of occurrence through memo. Exh.
P. D. He arrested the petitioner on 25th June, 1973. The petitioner, while in custody, led to the recovery of hatchet (P. 1) which was secured vide memo. Exhibit P. E. Which has been attested by Muhammad Zakir (P. W. 5) and Noor Muhammad (given up) in addition to this wit--ness, namely, Sultan Ali A. S.-I.
8. P. W. 1 Mst.. Alam Khatoon, P. W. 2 Muhammad Riaz, P. W. 6 Sher Baz, and P. W. 1 Ahmad Khan, the injured P. W. Whose statement was recorded by the learned trial Magistrate by putting questions to him and understanding the answer through his gestures as the witness lost his power of speech as a result of injury allegedly received by him at the hands of the petitioner, fully supported the prosecution case as contained in the F. I. R. Exh. P. A. No doubt Mst. Alam Khatoon, Muhammad Riaz and Sher Baz are close relations of Ahmed Khan. The injured P. W., but their presence at the time of occurrence is quite natural and probable as the occurrence took place at 6-30 a. m. In the close proximity of their place of residence. These P. Ws. As also Ahmed Khan, the injured P. W. Hail no motive to falsely involve the petitioner in this case.
9. It is contended on behalf of the petitioner that as a matter of fact the injured P. W. Was responsible for diverting the water to his field al--though it was the turn of water of the petitioner and when he (the petitioner) wanted to close the cut, he did not allow the petitioner to take earth from his field and, therefore, the petitioner in exercise of his right of private defence of property caused injury to the injured P. W. This contention appears to be without substance inasmuch as the sharp-edged weapon injury is caused to P. W. 7 on the head, a vital part of his body, and has been caused by hatchet. The petitioner in ordinary circumstances, was not supposed to be in possession of hatchet. If he was simply watering his field he could at that time be in possession of a `Kassi' and not a hatchet. The manner in which the petitioner caused injury on a vital part of the body of P. W. 7 with hatchet, a lethal weapon, which deprived the injured P. W. Of power of speech for all times to come, only leads to the conclu--sion that it is a case of attempted murder.
10. For the foregoing reasons, there is no merit in the under consi--deration criminal revision petition and, therefore, the same is dismissed. It A is, however, directed that the petitioner shall be extended the benefit under section 382-B, Cr. P. C. Of the period for which he remained in detention during his trial.