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1991 P Cr. L J 1874

ZAHID HUSSAIN SHAH vs THE STATE

Citation1991 P Cr. L J 1874
CourtLahore High Court
Case No.Criminal Revision No.321 of 1987
Date1991-04-03
Judge(s)Muhammad Munir Khan
ResultOrder accordingly

Zahid Hussain Shah, petitioner, stands convicted under section 325, P.P.C. And sentenced to one year's R.I. For causing grievous injuries to Nadir Ali P.W.

2. Admitting the criminal liability of the petitioner for the injuries found on the person of Nadir Ali, the learned counsel has questioned the nature of offence on the ground that the Radiologist having not been produced, the petitioner could not have been convicted under section 325, P.P.C. No one has appeared for the State.

3. I have considered the matter carefully. I feel persuaded to agree with the learned counsel for the petitioner. I find that since the Radiologist was not produced in proof of the alleged grievous injury found on the person of Nadir Ali P.W., so there was no justification to convict the petitioner under section 325, P.P.C. His conviction under this section is, therefore, set aside and instead he is convicted under section 323, P.P.C.

4. As for the sentence, I find that the occurrence took place in the year 1984. The petitioner was sent to jail thrice. After the rejection of his appeal, he remained in jail for one month and three weeks before he could be released on bail by this Court. In these circumstances, I feel that the agony of trial coupled with the imprisonment suffered by him as an undertrial prisoner and as a convict would meet the case. Order accordingly. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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