' This is an appeal against the judgment, dated 17-9-1995 passed by Ch. Nawaz Ahmad Ghumman, Additional Sessions Judge, Lahore, whereby he convicted and sentenced the appellants as under:- -
(i) Under section 334, P.P.C. 3 years' R.I. To Ajmal and Javed Beg.
(ii) Under section 336, P.P.C. 3 years' R.I. To Abdul Karim accused.
(iii) Under section 337-A(i), P.P.C. 6 months' R.I. To Abdul Shakoor. All accused given benefit of section 382-B, Cr.P.C.
2. The appellants and the acquitted co-accused allegedly gave fist blows and head blows to Mirza Abid Baig complainant due to election rivalry.
3. The learned counsel for the appellant at the very outset referred to the statement of Muhammad Tufail, S.-I. (P.W.5) and submitted that the complainant (injured) did not appear before the Medical Board constituted for the purpose of re-examination although he was called by the Board for this purpose three times. He further submitted that even the direction of the learned Additional Sessions Judge to produce the injured before the Medical Board, for which his brother had given undertaking, had not been complied. The learned counsel maintained that Mirza Abid Baig (injured P.W.) had avoided his examination by the Board because he had not suffered the injuries as stated by Dr. Syed Noman Matloob (P.W.3). According to him, the entire case of the prosecution had shattered as the injured had avoided appearance before the Medical Board.
4. It is proved from the record that Mirza Abid Baig injured avoided from appearing before the Medical Board at least on three occasions and he also flouted the order of the learned Additional Sessions Judge in this record. His non-appearance before the Board raises a strong presumption against him to the effect that he did not suffer the injuries shown in the M.L.R. Or not in the manner alleged by him. Only this fact alone has made the prosecution case doubtful, the benefit of which is to go to the accused person.
5. In view of the above, the appeal is accepted and appellants are given benefit of doubt. Their convictions and sentences are set aside and they are acquitted in this case. They are on bail. Their bail bonds are discharged.