1989 PLP 2832 (MLD)

S. 325--Dispute over a common land--Parties exchanged abuses and accused inflicted repeated Dang blows on arm of prosecution witness resulting in its fracture--Prosecution case stood proved beyond doubt by evidence of witnesses- Accused having served out entire sentence--Petition was dismissed as infructuous. Muhammad Aslam Chaudhry for Petitioner. Maqbool Elahi Malik, A.-G. with Mrs. Tasnim Amin for the State. Date of hearing: 31st December, 1988. The petitioner, Muhammad Khan has moved this criminal revision against the judgment of his conviction and sentence. The learned Magistrate 1st Class, Shahpur convicted and sentenced the petitioner to undergo nine months' R.I. plus a fine. of Rs.500 and in default thereof to suffer further R.I. for three months. It was directed that a sum of Rs.300 shall be paid to Ahmad Khan P.W. in case the same is realised from the petitioner vide the judgment, dated 20-8 1979. The petitioner went in appeal which was heard and dismissed by the learned Sessions Judge, Sargodha on 14-11-1979. A case under section 325, P.P.C. was registered against the petitioner on the statement of Muhammad Ramzan on 21-7-1978 at 6-15 a.m. at Police Station Sahiwal whereas the occurrence took place on 20-7-1978 at 9-00 a.m. According to the prosecution, Muhammad Ramzan and Abdul Sattar are sons from the same mother whereas Ahmad Khan injured P.W. and petitioner Muhammad Khan are sons from another wife of their father. However, all are from the same father. They had litigation about the common land. The parties exchanged abuses on the dispute of A their land whereupon the petitioner inflicted a Dang blow on the arm of Ahmad Khan P.W. resulting in its fracture. On they receipt of the injury he fell down on the ground and thereafter the petitioner gave him more blows on his person. The occurrence was witnessed by Ahmad Ali and Abdul Ali P.Ws. The petitioner denied the allegations levelled against him and took the plea that in fact he was attacked by the complainant party. The parties are the real brothers. The prosecution in order to prove its case produced Muhammad Ramzan P.W.1, Ahmad Khan P.W.2, Abdul Ali P.W.3, Ahmad Ali P.W.4, Sh. Tajamal Hussain P.W.5, Muhammad Nawaz P.W.6 and Dr. Muhammad Asghar P.W.7. The case of the prosecution stands proved beyond doubt against the petitioner. Even otherwise, in view of the fact that the petitioner has served out his entire sentence, this petition has become infructuous. The petition is, therefore, dismissed as having become infructuous. M.Y.H./M-1284/L Petition dismissed.