Ahmad, Muhammad Nawaz and Haji Ahmad, petitioners, alongwith Jumma and Ghulam Rasool acquitted accused were tried under section 447, P.P.C. And under section 325/148/149, P.P.C. On the charge of criminal trespass into the land of the petitioner and for causing injuries including grievous injuries to Bashir Ahmad P.W.3. They denied the charge and claimed to be tried.
2. To prove its case, the prosecution produced six witnesses. Sher Muhammad P.W.3, stated that the petitioners and their co-accused had launched attack on him at the eventful time. Haji Ahmad was carrying hatchet and Ahmad was armed with Whola. Haji Ahmad inflicted injury with blunt side of the hatchet on leis head and the other injured him with Wahola. The alarm raised by him attracted Haji Rehmat, Rafiq Ali, Abdul Qadir and others who saved him. Acquitted accused Jumma fired ineffective shots. Rehmat Ali, P.W.1 and Muhammad Rafiq, P.W.2, supported him in all material particulars.
3. Dr. Nisar Ahmad, P.W.6, examined Sher Muhammad on 4-8-1985. He found 4 injuries caused by blunt weapon on his person. Injury on the back of his right hand was declared grievous. The rest of the evidence is of formal nature.
4. When examined under section 342, Cr.P.C. The petitioners denied all the incriminating circumstances. They raised plea of false implication on account of enmity and litigation with the complainant party. They stated that they were injured by the complainant party. Haji Ahmad tendered 14 documents in defence. On the conclusion of the trial, Jumma and Ghulam Rasool were acquitted but the three petitioners were convicted under section 447, P.P.C. And sentenced to there months' R.I. And under section 325/34, P.P.C. And sentenced to one and a half years' R.I. And fine of Rs.1,000 or in default thereof thee months' R.I. The appeal filed by them was dismissed by the learned Sessions Judge, Bhakkar, on 17-3--1984. Hence this revision.
5. No one has appeared for the parties. Since revision after having been admitted cannot be dismissed for non-prosecution, so I have examined the case myself. I find that during the occurrence the petitioners also suffered injuries. Muhammad Nawaz, suffered six injuries caused by blunt weapon simple in nature. Haji Ahmad suffered four simple injuries caused by blunt weapon.
Ahmad, petitioner, suffered 19 injuries caused by blunt weapon out of which one injury on his left hand was found grievous.
6. Strangely enough, on the side of the complainant, Bashir Ahmad, received four injuries whereas the petitioners' side received as many as 29 injuries including grievous injury. The injuries of the petitioners/accused have not properly been explained by the prosecution. I am convinced, that the eye--witnesses have given evidence with a motive other than of telling the truth and as such no implicit reliance can be placed on their statements. So, the prosecution has not been able to prove its case beyond reasonable doubt.
7. For what has been stated above, this revision is accepted. The conviction and sentences of the petitioners arc: set aside and they are acquitted of the charge.