' Appellants have been convicted by the 3rd Additional Sessions Judge, Sukkur for offences under sections 326/34 and 324/34, P. P. C. Each of the t appellants has been sentenced to undergo R. I. For 4 years and to pay a fine of Rs. 500 or in default to suffer R. I. For 6 months more on the first count.
No sentence has been passed separately on the second count. Both the appellants have preferred their appeals from jail,
2. It is the case of the prosecution that the appellants had suspected that injured Moonghar was carrying on illicit intimacy with their niece Mst. Julli. On 12-2-1973 at about 11-30 a.m. Moonghar and his brother Wazir were working on the land belonging to one Khairo. This place was about 2 miles from the village of the appellants. Moonghar was separated from his brother Wazir by about 15 paces. The appellants came there armed with hatchets. They challengel Moonghar and dealt him hatchet blows. On the cries of Wazir and Moonghar P. W. Ratto and Manthar also arrived there. On seeing them the appellants ran away with their hatchets. Leaving the witnesses with injured Moonghar, Wazir then went to Garhi Yasin Police Station and lodged F. I. R, on the same day at about 3-30 p. m. After covering a distance of about 6 miles. On 12-2-1973 appellant Abdul Khalique was arrested. He led the police to his but and produced the hatchet from the thatched roof of the hut. This was secured by the police. The hatchet appeared to be blood-stained. On the next day the other appellant Ali Nawaz was arrested. He also produced his hatchet from his but which too was blood-stained. After completing the investigation the police sent up both the appellants in Court. They were committed to the Court of Session and convicted as above.
3. The medical certificate issued by Dr. Iqbal was produced by his compnunder as whereabouts of Dr. Iqbal were not known. The certificate showed 5 incised injuries on the person of Moonghar. Injury No, 1 was on the forehead cutting the upper jaw bones also. Injury No. 2 was on the left hand cutting the metacarpel bone. The remaining injuries were on the arm scapula and right side of chest.
Injuries Nos, 1 and 2 were certified by the medicial officer to be grievous.
4. Ile prosecution led the evidence of complainant Wazir, injured Moonghar and P. W. Ratto. They have all supported the prosecution case. Ratto has stated that he was grazing his cattle when he heard cries of Moonghar and found the two appellants giving him hatchet blows.' Ratto has admitted that P. W. Moonghar is his caste-fellow but he has denied the suggestion that he is brother-in-law of Wazir and Moonghar. There is also circumstantial evidence regarding production of blood-stained hatchets by both the appellants. The prosecution witnesses have been believed by the learned Additional Sessions Judge and their evidence has received the A corroboration from circumstantial evidence of production of blood-stained ' hatchets and 5 incised injuries found on the person of Moonghar. The version of the appellants was one of bare denial but they could not explain why they had been falsely implicated. There is thus hardly any ground for interference.
5. The conviction and sentences of the two appellants are accordingly maintained and their appeals are dismissed.