The appellants were convicted by the learned Sessions Judge, Nawabshah, for offences under sections 326, P. P. C. read with section 34, P. P. C. and section 324, P. P. C. read with section 34, P. P. C. and sentenced as under:--
1. Ali Sher under section 326/34, P. P. C. 1 year's R. I. son of Dhani Bux. under section 324/34, P. P. C. 2 years' R. I.
2. Ali Sher under section 326/34, P. P. C. 3 years' R. I. spn of Pario. under section 324/34, P. P. C. 1 year's R. I.
(The sentences were to run concurrently).
Aggrieved by the judgment of conviction and sentence, they have come in Appeal. alleged to have taken place at about 4-15 p.m. on 23-10-1968, for reasons which it is not necessary to reproduce at this stage. The First Information Report was lodged at Naushehro Feroze Police Station at about 11-45 a.m. on 26-4-1968.
3. There were injuries received by Ghulam Muhammad, the complainant and P. W. Sain Bux. The injury on the person of P. W. Sain Bux according to the medical evidence, was grievous in nature.
The appellants had not denied the fact that they had caused injuries to the complainants. All that was stated by them at the trial was that the injuries in question had been inflicted in self-defence of their person. It was also added by Ali Sher son of Dhani Bux that he had himself received injuries which have been subsequently examined by Mr. Arz Mohammad.
4. As Ali Sher son of Dhani Bux was found to be unrepresented at the stage of the hearing of the Appeal, he had been sent for from the Jail and repeated the same stand. The case depends upon the evidence furnished by the two injured persons as supported by P. W. Sajjan. It might as well be mentioned that the name of Lai Bux was included as an eye-witness but he had been kept away. It appears that Ghulam Mohammad, the complainant and Sain Bux are brothers inter se and are related to the appellants as well. P. W. Sajjan is a cousin of the complainant but also related to the appellant No. 1 as he married to the latter's sister and his sister is married to Sajjan.
5. Ghulam Mohammad, the complainant and Sain Bux were completely reticent about any injuries on the person of Ali Sher. However, P. W. Sajjan had stated categorically that it was the complainant's party, who had gone to the Dera of the appellants and that there were not only abuse sexchanged between the parties but there was a fight between them in which injury had been sustained by Ali Sher, the appellant No. 1. There is no denying the fact that blood was found at both the Deras. It is also to be noticed that it was the complainant's party who had a grievance against the appellants because the latter are alleged to have been winnowing their wheat in the Dera, thereby raising dust and annoying the complainant's party. It is also to be seen that the parties were equally matched and injuries have been sustained by three of them in the incident.
The main witnesses have not spoken the truth. Lai Bux has not been examined and there was a considerable delaying in the lodging of the F. I. R. There can be no denying the fact that injuries had been sustained by Ali Sher also, which according to Dr. Arz Muhammad were inflicted with a blunt weapon and are as under:--
(1) Lacerated wound on left side of lower lip.
(2) Chips of first and second incisor teeth on left lower side broken.
It is true that the medical officer deposed that the injuries were self-suffered and later that they were self-inflicted, but that cannot be relied upon, in view of the categorical statement of Sajjan who had been the fight for himself. If the appellant not only feared apprehension to their lives, but one of them had also received injuries, the right of private defence would be very much there, and it cannot be said, looking to the circumstances involved, that the same had been exceeded. Tn this view of the matter, the benefit of doubt will accrue to the appellants not as a matter of grace but as of right.
6. I would, therefore, set aside the conviction and sentence and allow the appeal. The bail bonds furnished by the appellants stand cancelled. It appears that Ali Sher son of Dhani Bux is serving a sentence of transportation in another case. Let him, therefore, be remanded in custody in that connection. .