I propose to dispose of Criminal Revision No.193 of 1983 filed by Ghulam Khawaja and Criminal Revision No.547 of 1983 filed by Ghulam Haider, through this single judgment.
2. Ghulam Khawaja and Ghulam Haider, petitioners, alongwith Mst. Noor Bhari and Muhammad Saddique, were tried under section 325/34, P.P.C. For causing injuries including grievous injury with Sotas to Mst. Hayat Bibi, P.W.2.
3. To prove its case, the prosecution produced 5 witnesses, Hayat Bibi P.W.2 stated that at the eventful time the petitioners and their co-accused had launched attack on her. Ghulam Haider and Muhammad Saddique were armed with Sotas and inflicted injuries on her person. Lukman, P.W.1, and Fateh Muhammad P.W.3, are the eye-witnesses of the occurrence. They have supported the statement made by Mst. Hayat Bibi, P.W.2.
4. Dr. Muhammad Afzal, medically examined Mst. Hayat. He found 9 injuries on her person including one grievous injury on her finger. Bashir Ahmad, A.S.I., had investigated the case. When examined under section 342, Cr.P.C. The petitioners denied all incriminating circumstances. They did not produce any witness in defence.
5. The trial Court acquitted Mst. Noor Bhari, co-accused but convicted the petitioners and Muhammad Saddique under section 325/34, P.P.C. And sentenced Ghulam Khawaja to six months'
R.I. And Ghulam Haider and Muhammad Saddique to two years' R.I. Each. On appeal the learned Sessions Judge, Khushab, vide his judgment, dated 20-3-1983 acquitted Muhammad Saddique and converted the sentence of imprisonment of Ghulam Khawaja and Ghulam Haider to a fine of Rs.1,500 each or in default thereof further R.I. For 6 months in addition to the imprisonment they had suffered by that time.
6. No one has appeared for the petitioners. Since revision after having been admitted to hearing cannot be dismissed for non-prosecution, so I have examined the case with the assistance of the learned counsel for the State. I find that in view of the reliable statements made by the 3 eye- witnesses there remains no doubt that Mst. Hayat Bibi suffered injuries at the hands of the petitioners. As for the nature of the evidence, I feel that since no Radiologist was produced in proof of the alleged grievous injury; so the petitioners could not have been convicted under section 325/34, P.P.C. In this view of the matter, the conviction of the petitioners under section 325/34, P.P.C.
Is set aside, instead they are convicted under section 323, P.P.C. -and the fine of Rs.1,500 each is reduced to Rs.1,0001 each in default thereof three months' R.I. Each. Disposed of accordingly.