Allah Bakhsh, petitioner, and 4 others were tried under section 325/148/149, P.P.C. By Magistrate 1st Class, Bhakkar. The charge against them was that Allah Bakhsh armed with knife and others with Sotas attacked Pathana P.W.1, and caused him injuries including grievous injury on 30-4-1983. The petitioner allegedly caused simply injury with knife on the head of Pathana P.W.1. Pathana P.W.1, stated that the petitioner and his co-accused injured him with their weapons. Rab Nawaz, P.W.2, and Ghulam Qasim, P.W.3, claimed to have seen the petitioner and his co-accused causing injuries to Pathana P.W.1, with their weapons.
2. Dr. Khawaja Anwar Ahmad, P.W.4, medically examined Pathana. He found 18 injuries caused by sharp-edged and blunt weapon on the person of P.W.1. One of the injury caused by blunt weapon was declared grievous. The rest of the evidence is of formal nature.
3. When examined under section 342, Cr.P.C. The petitioner denied all incriminating circumstances.
He raised plea of false implication. He did not produce any evidence in defence. The trial Court convicted petitioner Allah Bakhsh, under section 324, P.P.C. And sentenced him to one year's R.I. The four co-accused were convicted under section 323, P.P.C. And sentenced to one year's R.I. The petitioner and his co-accused were also convicted under section 148, P.P.C. And sentences to two years' R.I. With the direction that the sentences shall run concurrently. On appeal the learned Additional Sessions Judge, Bhakkar, acquitted Qadir Bakhsh and Haji, co-accused. He acquitted the petitioner of charge under section 148, P.P.C. He upheld the conviction and sentence of the petitioner under section 324, P.P.C. Vide his judgment, dated 19-2-1990.
4. 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 of myself. I rind that from the statements of Pathana, P W.1, Rab Nawaz, P.W.2 and Ghulam Qasim, P.W.3 it stands proved beyond reasonable doubt that the petitioner did cause simple injury with knife on the person of Pathana, P: W.1. The case or the two acquitted accused was distinguishable, so their acquittal will not affect the conviction of the petitioner. The statements of the eye-witnesses against the petitioner are consistent. I do not see any legal infirmity in the statements of the eye-witnesses or in the conviction of the petitioner recorded by the trial Court. The petitioner did not care to rebut the prosecution case or evidence produced by it. For all these reasons, I am convinced, that the petitioner has rightly been convicted under section 324, P.P.C.
5. This brings me to the question of sentence. The occurrence took place in the year 1985; the petitioner was sent to jail thrice; after the rejection of his appeal, he remained in jail for about three weeks before he could be released on bail by this Court in this revision and he has caused simple injury with a knife. In the circumstances of the case, I feel that the agony of trial coupled with the imprisonment suffered by the petitioner as undertrial prisoner and as convict would meet the case.
Disposed of accordingly.