1977 P Cr (PLP)

(a) Criminal Trial‑ Evidence appreciation of‑Conviction under section 326, P. P.C. based" on‑ medical report declaring injury as grievous, having been caused with a sharp-edged weapon and bone fractured underneath apparently visible‑Contention that there was no X‑ray report on file to confirm bone being fractured as a result of incised injury‑Conception repelled, in circumstances‑Conviction and sentence maintained. Penal Code (XLV of 1860), S. 326.‑‑‑[Evidence] (b) Criminal trial‑ Conviction, alteration of‑Grievous incised injury ascribed to accused while co‑accused only responsible for causing simple blunt' weapon injuries‑Conviction under S. 324, P. P. C. altered to one under S. 323 P.P.C. in circumstances. M. H. Zafar for petitioner. In this revision Muhammad Bakhsh petitioner was armed with a hatchet, Nazir Ahmad arid. Ghulam Farid petitioners were armed with sticks. The victims in this case received six injuries at their hands. One injury out of there six' was held to be grievous. It was an incised injury caused by a sharp‑edged weapon and is attributed to Muhammad Bakhsh petitioner. The other injuries had been caused with blunt weapon and had been simple in nature attributed to Nazir Ahmad and Ghulam Farid petitioners. It is submitted by learned counsel that there was no X‑ray report on the file to the effect that there, was any bone fracture as a result of the incised injury and that, therefore, Muhammad Bakhsh petitioner should at the most be convict under section 324, P. P. C. and sentenced accordingly. I note from the judgment of the appellate Court that the doctor had remarked about the incised injury that the fracture thereunder of the bone was visible through open wound. In that view of the matter there was no need to get the injury examined by a Radiologist: Consequently, in my opinion, the conviction of Muhammad Bakhsh petitioner under section 326, P. P. C. as well as sentence thereunder were quite proper and are accordingly maintained. His petition is dismissed. As for Nazir Ahmad and Ghulam Farid petitioners it is sub mitted by learned counsel that they caused only simple injuries to the victim by a blunt weapon; Their conviction is, therefore, altered from section 32 '4 P. P. C. to section 323, P. P: C. and likewise their sentence is reduced from six months' R. I. each to two months' R. I. each. With this modification their revision petition is dismissed. Order accordingly.