1. Petitioners Khushi Muhammad alias Munshi son of Raja and his two sons Muhammad Iqbal and Azmat Mehmood were tried by a Magistrate 1st Class at Mandi Bahauddin on charges under section 325 read with section 34 of the Pakistan Penal Code.
2. Vide judgment dated 15th of February, 1986, the petitioners were found guilty on the said charge and accordingly, they were convicted and sentenced to undergo rigorous imprisonment for a term of two years each. Aggrieved by their conviction, the petitioners took an appeal before the learned Additional Sessions Judge, at Gujrat, but the same was dismissed vide judgment dated 2nd of April, 1986. The present criminal revision was also filed in this Court and on 28th of April, 1986, after its admission, the sentence of the petitioner Khushi Muhammad was suspended. The sentence of petitioners Nos. 2 and 3 was suspended vide order dated 21-6-1986.
3. The only legal point which has been raised by the learned counsel for the petitioners is that in this case, although, the doctor in the witness-box stated that injury received by the victim of attack was grievous but the report of the Radiologist was not placed on the record, therefore, it was argued that the offence will not be covered under section 325, P.P.C. It is further pertinent to mention that the petitioners could not have been convicted under section 325, P.P.C. Because the victim of attack received injury with blunt weapon.
4. Accordingly, I direct that the sentence already undergone would be sufficient to meet the ends of justice. However, the fine was not imposed and therefore, I am inclined to sentence the petitioner to pay a fine of Rs.1,000 each or in default therefor, to suffer rigorous imprisonment for a term of three months.
5. The fine if realised shall be paid to the victim of the attack. The fine shall be deposited within one month of the passing of this order. With these observations, this petition is dismissed.