The revision petition is directed against the order, dated 29-1-1989 of Additional Sessions Judge, Khushab, whereby learned Additional Sessions Judge dismissed the appeal filed by the petitioner against the order dated 23-7-1986 of Magistrate Section 30, Jauharabad, whereof learned Magistrate had convicted the petitioner under section 324, P.P.C. And sentenced him to undergo R.I.
For 3 years plus to pay a fine of Rs.5,000 in default whereof to suffer R.I. For six months. Out of the fine, on recovery a sum of Rs.3,000 was directed to be paid as compensation to the injured P.W.
2. The contention raised on merits by learned counsel for the petitioner at the time of admission of revision petition were not considered weighty. The revision petition was admitted only to consider the quantum of sentence because learned counsel had contended that the maximum sentence of imprisonment provided for section 324, P.P.C. Has been awarded in this case in spite of the fact that the only injury on the injured P.W. Was on non-vital part and had been declared simple.
3. The solitary injury suffered by the complainant in this case was on the knee and the same was declared simple. The inured witness while appearing ai the trial had not made any grievance of incapacitation. `There was no previous longstanding enmity between the petitioner and the complainant. The only incident which had happened between the parties prior to this occurrence, was that the petitioner had been slapped once by the complainant on account Of damage to his crops. It does not appear from the record that the petitioner was ever involved in any case prior to the one in hand. The case is pending since February, 1985.