1988 PLP 1667 (MLD)

The revision petition is directed against the order dated 13‑5‑1977 of Additional Sessions Judge, Sargodha, whereby the learned Additional Sessions Judge had dismissed the appeal tiled by the petitioner against the order dated 15‑1‑1977 of M.I.C., Jauharabad, whereby the learned Magistrate had convicted the petitioner under section 325, P.P.C. and sentenced him to undergo R.I. for one year.

2. The prosecution case' at the trial was that the" petitioner had caused injuries to Mst. Wallayatan on 4‑10‑1974, at Peshiwela, in tae area of village Baland, within the jurisdiction of Police Station Nurpur, District Sargodha.

3. Statements of eight prosecution witnesses were recorded at the trial. Mst. Wallayatan, the injured P.W. appeared as P.W.

5. According to her, the petitioner had given her 5/6 injuries with a Bahola when she was cutting fodder with her husband Ghulam Muhammad in the fields. She stated that accused had attacked her on account of her husband having estopped him from passing through their fields. She also stated that earlier there was a quarrel between her and mother of the accused. Her statement was corroborated by Fateh Muhammad (P.W.3) and Ghulam Muhammad, her husband (P.W.2). Dr. Abdul Hameed, who had medically examined Mst. Wallayatan on 5 10‑1974 appeared as P.W.6. He had noted five injuries on her person. Injury No.2 on the forehead, which was kept under observation, was later declared grievous. Evidence of recovery of Bahola was deposed to by Muhammad Isa (P.W.7). His statement was corroborated by Ghulam Rasul, S.I. (P.W.8).

4. The petitioner during his statement under section 342, Cr.P.C. denied the prosecution case and pleaded innocence. According to him, his mother and Mst. Wallayatan had quarrelled among themselves and Mst. Wallayatan had received injuries in that incident. He examined in defence Muhammad Shafi and Khan Muhammad as D.Ws.1 and 2.

5. The occurrene in this case had taken place on 4‑10‑1974. The medical examination of Mst. Wallayatan was conducted on 5‑10‑1974. The matter was reported to the police at 5 p.m. on 8‑10‑1974, i.e. four days after the occurrence and three days after the medical examination. The occurrence had taken place near village Abadi. Many other persons, according to Mst. Wallayatan and Ghulam Muhammad P.Ws, had also reached the spot. In spite of that, the only persons produced at the trial to depose about the occurrence, apart from Mst. Wallayatan, were her husband and her husband's brother. None else was either named or produced at the trial. Mst. Wallayatan stated at the trial that she had a quarrel with Mst. Pathani, mother of the petitioner. She admitted during cross‑examination that Mst. Pathani had thrown brick‑bats, which had struck her as well as her sons. This admission on her part lends support to the plea taken by the petitioner that Mst. Wallayatan had suffered injuries during the quarrel and fight with his mother.

6. The delay in lodging the F.I.R. has also not been properly explained. Apart from the injured witness, her husband, who claimed to have witnessed the occurrence, and his brother were also available to lodge the report. The explanation given by the complainant, i.e. Ghulam Muhammad, husband of the injured, that he could not lodge the report earlier as the Berathari was trying to patch up the matter apparently does not possess weight. Mst. Wallayatan herself did not state anything about such efforts having been made by the Berathari personnel or villagers. Fateh Muhammad also did not state any such thing. According to the complainant and Mst. Wallayatan they had earlier also quarrelled with the petitioner and were not on good terms with him. In the circumstances, unflenced reliance cannot be placed on the statements of these witnesses.

7. The upshot of the above discussion is that the revision petition is allowed by way of grant of benefit of doubt. The impugned judgments are set aside. The petitioner, who is on bail vide order of this Court dated 3‑6‑1977, shall be discharged of his bail bonds. H.B.T./R‑101/L Revision petition allowed.