The brief facts leading to the present criminal appeal are that a case under section 326/148/149, P.P.C., was registered at Police Station Nishatabad, District Faisalabad, at the instance of the petitioner against respondents Nos. 1 to 6, vide F.I.R. No.48, dated 1-2-1984 regarding the occurrence alleged to have taken place on 30-1-1984 at 7-00 a.m. However, being dissatisfied with the police investigation the complainant filed - a private complaint in the Court of Ilaqa Magistrate on 18-2- 1984, and after recording the preliminary evidence, the learned trial Court was pleased to summon the accused/respondents vide order, dated 21-3-1984.
2. According to the complaint, Qudrat Ullah and Muhammad Ramzan accused/respondents raised Lalkaras that Muhammad Anwar P.W.2 should not be allowed to go alive, and that thereafter Muhammad Irshad accused/respondent caught hold of Muhammad Anwar the said P.W.2, from his neck and pulled him down from the cart, whereupon Muhammad Arshad, accused/respondent gave a Takwa blow on the right hand of Muhammad Anwar injured P.W.2 and Muhammad Ishad, Muhammad Ashraf and Muhammad Mumtaz accused/respondents inflicted injuries with Sotis on the head, neck, knee and legs of the said injured P.W. Mehr Din and Nawab Din got attracted to the spot and had witnessed the occurrence.
3. However, the learned trial Court vide its judgment and order, dated 12-10-1985 acquitted the accused/respondents.
4. In this respect, it was pointed out that earlier the learned Additional Sessions Judge, Faisalabad on 6-'7-1985 had allowed the criminal revision petition directed against the learned trial Court's order dated 7-4-1985, whereby the trial Court was directed to ensure the presence of the Medical Officer for evidence but, nevertheless, the learned trial Court closed the evidence of the prosecution without ensuring the attendance of the said Medical Officer and ultimately decided the case as stated above vide the impugned judgment.
5. Aggrieved by the same, the petitioner filed a Petition for Special Leave to Appeal in which the leave to appeal was granted, hence the present appeal. Notice herein was issued vide the same order.
6. After having heard the learned counsel for the parties, it is hereby held that the impugned order was patently unjust and illegal, hence not sustainable in law. However, as it is a seven years' old case, therefore, under the facts and circumstances of the case, although the impugned order is set aside and the present criminal appeal is allowed, yet the case is not being remanded to the trial Court.
7. In accordance with the terms stated above, the present criminal appeal stands disposed of.