' Fateh Muhammad petitioner alongwith his son Ghulam Ahmad accused and Ghulam Shabbir petitioner were tried by a Magistrate at Mianwali vide judgment, dated 31-3-1993. Fateh Muhammad was convicted under section 325, P.P.C. And sentenced to two years' R.I. And a fine of Rs,2,000 or in default thereof three months' S.I. He was also convicted under section 323, P.P.C. And sentenced to one year's R.I. And a fine of Rs,500 or in default thereof two months' S.I.
' Ghulam Shabbir petitioner was convicted under section 323, P.P.C. And sentenced to one year's R.I.
And a fine of Rs,1,000 or in default thereof two months' Si. Ghulam Ahmad accused was convicted under section 323, P.P.C. And sentenced like Ghulam Shabbir.
2. On appeal the sentence of Fateh Muhammad under section 325, P.P.C. Was reduced to one year's R.I. And sentence of fine was maintained while the sentence of Ghulam Shabbir petitioner was reduced to three months' R.I. And a fine of Rs,500. Ghulam Ahmad after the decision by the Sessions Court has not come up in revision.
3. Only Fateh Muhammad and Ghulam Shabbir petitioners have come up in revision against their conviction and sentences.
4. Learned counsel for the petitioners has drawn the attention of the Court to the statement of Dr. Sher Anwar (P.W.9) and contends that no case under section 325, P.P.C. Was proved against Fateh Muhammad. It is clear from the statement of the doctor that he had not X-rayed the injured, the injury declared grievous on the person of Ghulam Ahmad, the injured P.W. And the person who had done his X-ray has not been produced. Even the X-ray film was not before the doctor when he made the statement. Hence the charge under section 325, P.P.C. Is not made out. So, the conviction of Fateh Muhammad under section 325, P.P.C. Is set aside and conviction under section 323 on two counts is recorded.
5. In view of the nature of the injuries as is clear from the statement of Dr. Sher Anwar (P.W.9) sentence of imprisonment already undergone by Fateh Muhammad would meet the ends of justice. However, the sentence of fine of Rs,500 or in default thereof two months' S.I. On each count (two counts) is recorded. On the deposit of the fine he will be set at liberty forthwith, if not required to be detained in any other case. Whole of the fine, if realised, shall be paid to Ghulam Ahmad and Sher Ahmad, the injured P.Ws. As compensation in equal shares.
6. So far as Ghulam Shabbir petitioner is concerned no case can be said to be proved against him.
It is clear from the statement of Ghulam Ahmad and Sher Muhammad (P.Ws. 3 and 6) that they have long-standing enmity against Ghulam Shabbir and so their statements being of inimical and interested witness unless corroborated, cannot be believed against him. There is no corroboration.
So, the revision petition on behalf of Ghulam Shabbir is accepted and his conviction and sentence are hereby set aside. He be set at liberty forthwith, if not required to be detained in any other case.