This is a revision by Manzoor Hussain against the judgment, dated 2-7-1985 by learned Additional Sessions Judge, Muzaffargarh by which dismissing his appeal and maintaining his conviction under section 324, P.P.C. By a Magistrate 1st Class, Muzaffargarh on 8-4-1985, ordered him to suffer eight months R.I. And fine of Rs.1,000 or in default six months R.I. It was ordered that half of the fine, if recovered, will be paid as compensation to Allah Ditta complainant.
2. The facts are that Shaimal P.W. Returned home after duty on 18-12-1982. He was informed that his brother Allah Ditta was admitted in Civil Hospital, Muzaffargarh in injured condition'. He went there, Allah Ditta P.W. Told him that he was returning home on 18-12-1982 at 5-30 p.m. In the way Ghulam Qadir, Khuda Bakhsh accused armed with sticks and Manzoor Hussain accused armed with knife met him. Ghulam Qadir accused gave a stick blow on his cheek. Khuda Bakhsh gave a Lathi blow on his back and Manzoor accused gave a knife blow on his abdomen. The occurrence was witnessed by Abdul Karim and Karim Bakhsh P.Ws. The accused were challaned. He and his co- accused Ghulam Qadir and Khuda Bakhsh were convicted under section 324/34, P.P.C. By a Magistrate 1st Class, Muzaffargarh who vide judgment, dated 8-4-1985, sentenced them to two years R.I. And fine of Rs.1,000 or in default six months R.I. In appeal, the learned Additional Sessions Judge, vide impugned, dated 2-7-1985 acquitted Ghulam Qadir and Khuda Bakhsh accused. The conviction of Manzoor Hussain under section 324, P.P.C. Was maintained. The sentence of fine was also maintained. However, the sentence of imprisonment was reduced to eight months R.I. Hence this revision.
3. The prosecution in all examined six witnesses at the trial. Karim Bakhsh was given up and not examined during the trial. Abdul Karim a brother of the were of Allah Ditta injured, did not support the prosecution case. He stated that he did not see the occurrence. Shaimal complainant is not an eye-witness. Thus, the prosecution case rests only on the evidence of Allah Ditta P.W.
2. He has not been corroborated by any other independent evidence. The F.I.R. In this case was recorded after an unexplained delay of about 24 hours. Abdul Karim P.W., a brother-in-law of Allah Ditta P.W., could have reported the matter to police but no report was lodged to him. Allah Ditta also did not report the matter immediately to the police. All the injuries on the person of Allah Ditta P.W. Were of simple nature. Ghulam Qadir and Khuda Bakhsh accused had also been attributed specific injuries to Allah Ditta P.W. They have been acquitted which means that Allah Ditta was disbelieved that against them. I find that the evidence of Allah Ditta was not divisible. As such same benefit should have been given to Manzoor Hussain petitioner. Reliance is placed on the case reported as Ramzan v. The State 1985 P Cr. L J 1586, I am, therefore, of the view that the conviction of Manzoor Hussain petitioner was not correctly recorded in this case. He is accordingly given benefit of doubt. This revision is accepted. The conviction and sentence of Manzoor Hussain petitioner is set aside. He is on bail by suspension of his sentence by this Court. The bail bond and the surety shall stand possession.