Law:

Section:

Keywords: Grievance, Information, Private Defence, Delay, Defence, Set Aside, Offences, Custody, Parties, Conviction, Inter Se, Apprehension, Evidence, Place, Benefit Of Doubt Result: Appeal allowed JUDGMENT The appellants were convicted by the learned Sessions Judge, Nawabshah, for offences under sections 326, P. P. C. read with section 34, P. P. C. and section 324, P. P. C. read with section 34, P. P. C. and sentenced as under:- 1. Ali Sher under section 326/34, P. P. C. 1 year's R. I. son of Dhani Bux. under section 324/34, P. P. C. 2 years' R. I. 2. Ali Sher under section 326/34, P. P. C. 3 years' R. I. spn of Pario. under section 324/34, P. P. C. 1 year's R. I. (The sentences were to run concurrently). Aggrieved by the judgment of conviction and sentence, they have come in Appeal. alleged to have taken place at about 4-15 p.m. on 23-10-1968, for reasons which it is not necessary to reproduce at this stage. The First Information Report was lodged at Naushehro Feroze Police Station at about 11-45 a.m. on 26-4-1968. 3. There were injuries received by Ghulam Muhammad, the complainant and P. W. Sain Bux. The injury on the person of P. W. Sain Bux according to the medical evidence, was grievous in nature. The appellants had not denied the fact that they had caused injuries to the complainants. All that was stated by them at the trial was that the injuries in question had been inflicted in self-defence of their person. It was also added by Ali Sher son of Dhani Bux that he had himself received injuries which have been subsequently examined by Mr. Arz Mohammad. 4. As Ali Sher son of Dhani Bux was found to be unrepresented at the stage of the hearing of the Appeal, he had been sent for from the Jail and repeated the same stand. The case depends upon the evidence furnished by the two injured persons as supported by P. W. Sajjan. It might as well be mentioned that the name of Lai Bux was included as an eye-witness but he had been kept away. It appears that Ghulam Mohammad, the complainant and Sain Bux are brothers inter se and are related to the appellants as well. P. W. Sajjan is a cousin of the complainant but also related to the appellant No. 1 as he married to…

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