1985 P Cr (PLP)

‑‑‑Ss. 497(2) & 498‑‑Penal Code (XLV of 1860), S. 307‑‑Out of three incised injuries suffered by injured person one was declared simple and other two were reserved for opinion by Doctor Supplementary medical report issued subsequently‑‑Such report found to be a suspect document as no date of issue found on same‑‑According to subsequent report one injury was declared grievous‑‑No separate reasons assigned as to why said injury was declared grievous‑‑Hospitalization of injured person for 20 days could not be treated as ground for declaring injury as grievous‑‑Hospitalization of injured person for 20 days also not looking to be true fact‑‑Accused also suffering injuries during incident and was medically examined through police, but counter‑case not registered by police though he made such report to police‑‑Bail allowed in circumstances. Shaikh Ghulam Sabir for Applicant. A. G. Manghi, A. A.‑G. for the State. Applicant is facing trial for offence under section 307, P.P.C. and it is the case of prosecution that he caused injuries with Chhuri to Taj Deen on 9‑10‑1984 at 11‑00 a.m. prosecution proposes to examine four eye‑witnesses including injured Taj Deen and Feroze Deen. About Feroze Deen it is stated that he intervened and received one contusion on the head which has been declared to be simple. About Tej Deen it is stated in the medical certificate that he has sustained three injuries by sharp‑cutting weapon, one on the left upper arm. Medical certificate shows injuries Nos. 1 and 2 were reserved for opinion and injury No. 3 was declared to be simple in nature. It is submitted by the learned counsel that subsequently supplementary medical report was issued, which is a suspect document. This report is on the record and there is no date of issue on it. It is issued by Dr. Khalid of J.P.M.C, According to this certificate injury No. 1 was found to be muscle deep and declared as simple. Injury No. 2 which is on the left side of the chest has been declared grievous but no separate reasons are assigned as to why. In this certificate it is mentioned that injured remained admitted in hospital from 9‑10‑1984 to 28‑10‑1984. It is submitted by the learned counsel that hospitalization will cover all the injuries but cannot be treated as a ground of declaring injury. No. 2 as grievous. Furthermore, it is submitted by the learned counsel that he has produced letter, dated 16‑10‑1984 issued by the Doctor and addressed to the S.H.O. to produce injured Taj Deen for further re‑examination and re‑X‑Ray. Issue of this letter on 16‑10‑1984 requiring Taj Deen to appear for examination gives a lie to the assertion made in the supplementary medical report that injured Taj Deen remained hospitalised from 9‑10‑1984 to 28‑10‑1984. On this ground case requires further enquiry. It is also submitted that applicant received injuries during the incident and he was referred to hospital by S.H.O. for medical o examination and such certificate is also on the record but counter‑case was not filed in spite of the fact that such report was made by applicant at the police station. For the facts and reasons stated above, I admit applicant to bail in the sum of Rs.25,000 with one surety and P.R. in the like amount to the satisfaction of the trial Court. H. A. Bail allowed.