Muhammad Saleem Khan and Fazal Muhammad petitioners were tried by Magistrate 1st Class Shorkot under section 326/34, P.P.C. On the charge of inflicting grievous injury to Mushtaq P.W.1 on 25-8-1979. To prove its case, prosecution produced 5 witnesses. Mushtaq Ahmad P.W.1 stated that Muhammad Saleem had inflicted him injury with Chhuri and Fazal Muhammad injured him with Danda at the eventful time. Rajab Ali P.W.2 and Abdul Ghani P.W.3 supported him. Dr. Latif Malik P.W.5 found two injuries on the person of Mushtaq P.W., one caused by sharp-edged weapon and other by blunt weapon. The injury caused by sharp-edged weapon was grievous. The rest of the evidence is of formal nature. When examined under section 342, Cr.P.C. The petitioners denied the incriminating circumstances. They produced Muhammad Ali D.W.1 and Nawab Din D.W.2 in their defence. D.W.1 stated that he saw Muhammad Saleem being injured by Mushtaq, Naeem and others, when Fazal Muhammad petitioner came there, snatched Danda and inflicted injury to Mushtaq. D.W.2 deposed that Nadeem was under attack by two persons. Fazal Muhammad came there and he was given Danda blow by one of the persons present there. Fazal Muhammad snatched Danda from him and injured Mushtaq P.W. The trial Court convicted Muhammad Saleem petitioner under section 326, P.P.C. And sentenced him to 1-1/2 years' R.I. And a fine of Rs.400 and Fazal Muhammad under section 323, P.P.C. And sentenced him to six months' R.I. And a fine of Rs.200. On appeal, the learned Additional Sessions Judge, Jhang maintained the conviction of Muhammad Saleem under section 326, P.P.C. But reduced the sentence to one year's R.I. He also directed Muhammad Saleem to pay Rs.1,000 as compensation to Mushtaq Ahmad P.W., in default thereof 4 months' R.I. The conviction of Fazal Muhammad under section 323, P.P.C. Was upheld but the sentence was reduced to a fine of Rs.500 only with the direction that the fine if recovered will be paid to Mushtaq Ahmad P.W. As compensation, hence this revision.
2. Learned counsel for the petitioners submitted that the grievous injury on the person of Mushtaq Ahmad P.W. Was self-suffered; that in fact Mushtaq Ahmad, his were and four others, were beating Muhammad Saleem son of Fazal Muhammad petitioner. On hearing the noise Fazal Muhammad came to the spot, snatched Danda from
3. I have considered the submissions made by the learned counsel for the parties with care. I do not agree with the learned counsel for the petitioners. I find that Mushtaq, Rajab Ali and Abdul Ghani P.Ws. Are quite independent witnesses. They have no animus against the petitioners to involve them falsely in the case. The statements made by them are in consonance with probabilities and fit in with the medical evidence and attending circumstances, whereas the defence version is in conflict with the medical evidence. Neither the petitioners nor the defence witnesses have explained the grievous sharp-edged injury suffered by Mushtaq Ahmad P.W. On the other hand, the eye-witnesses have explained the injuries found on the person of Fazal Muhammad. The Courts below have appreciated the evidence properly. The judgments of the Courts below are neither perverse nor illegal. In the matter of sentence, the petitioners have; already been shown much leniency.
Pursuant to the above discussion, I do not see any justification to interfere in exercise of the revisional powers of this Court with the well-reasoned judgment of the Appellate Court. So, the revision is dismissed.