1968 P Cr (PLP)

Penal Code (XLV of 1860), Ss. 148 & 323-Conviction SpeciaI Leave to Appeal prayed for on ground that medical evidence had expressed opinion that injuries on Persons of prosecution witnesses could be self-inflicted and this rendered prosecution case doubtful-Leave, however, refused by Supreme Court since large number of injuries belied fact that they could be self inflicted: H. Ismail Bajwa, Advocate Supreme Court instructed by Syed Wajid Hussain, Senior Attorney for Petitioners. Nemo for the State. Date of hearing: 27th February 1968. MUHAMMAD YAQUB ALI, J. -The petitioners formed an unlawful assembly armed with deadly weapons and in the course of rioting caused a large number of injuries to Rashid and Ahmad Ali, P. Ws., for which the trial Magistrate sentenced them under sections 148, 323/149, P. P. C. to six months rigorous imprison ment each on either count, and directed the sentences to run concurrently. On appeal the Additional Sessions Judge made a detailed examination of the evidence and finding that the charges were fully brought home to the petitioners upheld their convic tions and sentences ruling out specifically the plea that the injuries found on the persons of the two prosecution witnesses were self inflicted. The High Court in a further revision petition declined to call in question the orders of the Courts below on the view that the statements of the eye-witnesses were corroborated by the medical evidence. Mr. Habib Ismail Bajwa appearing in support of the petition urged that the medical evidence in the case cast a doubt on the prosecution case inasmuch as the Doctor had admitted in cross examination that the injuries found on the persons of Rashid and Ahmad Ali, P. Ws., could be self-suffered. This aspect of the case is fully examined by the Additional Sessions Judge in paragraph 8 of his judgment. On examining the nature and their large number, namely, 21 injuries suffered by Rashid P. W., and 13 suffered by Ahmad Ali, P. W., he concluded that "No one would normally suffer such a large number of injuries in order to bring a false charge against his enemies". No new ground is thus raised to call for re-examination of the evidence by this Court. The petition is dismissed. Leave refused.