' This is a petition for suspending the execution of sentence in Criminal Appeal No, 53 of 1981. The petitioners have been convicted under section 307/34, P.P.C. And section 325/34, P.P.C. And sentenced to 5 years' R.I. And a fine of Rs,5,000 and in default to further R.I. For one year under section 307/34 and to one year's R.I. And a fine of Rs,1,000 and in default thereof to further R.I. For one month under section 325/34, P.P.C. Both the sentences were ordered to run concurrently. From Para.6(4) it appears that the Radiologist after going through the X-ray film, opined that all the injuries were simple. Aggrieved by this, the complainant submitted an application to the Duty Magistrate with the request that the opinion of the Radiologist is incorrect. Upon that application the Medical Superintendent Muzaffargarh was asked to give his opinion. The Medical Superintendent after going through the X-ray film, opined that fracture of occipital region was there and his report Exh.P.B./1 has been duly proved by him when he appeared in the Court.
However, during his statement the Medical Superintendent stated that the X-ray on the basis of which he gave his report is not attached with the file. Learned counsel submits that the prosecution has failed to produce the Radiologist concerned. On the other hand, learned counsel appearing on behalf of the State has vehemently opposed the application. He contends that the case stands fully proved against the petitioner and that it is not a fit case for the suspension of the execution of the sentence.
2. I have considered the arguments advanced by the parties and am of the opinion that the question whether the injury found on the person of Allah Wasaya was or was not grievous, needs consideration.
3. The execution of sentence is suspended provided the petitioners furnish, bail bonds in the sum of Rs,10,000 each with one surety each, in the like amount, to the satisfaction of A.C., Kot Addu.