Law: Penal Code (XLV of 1860)

Section: 323, 324

  Penal Code (XLV of 1860), ---Ss. 323 & 324 read with Conciliation `son Courts Ordinance (XLIV of 1961), Ss. 3 & 18, Sched., para.. Criminal trial-Jurisdiction-To be decided on basis of case initially set up and not on its final result or course it takes during trial , accused initially challaned under S. 324, Penal Code, but trial Court an appraisal of evidence finding him liable under S. 323 only and with holding further proceedings in view of bar created under S. 3 read with Sched., para. 1 to Conciliation Courts Ordinance, 1961 ---Held: Irrespective of fact that case fell under Sched, para. 1 of Ordinance XLV of 1961, Criminal Court, was in circumstances, competent to proceed with the case. Date of hearing: 23rd July 1969. . This is a revision application against the order of the learned Sessions Judge, Khairpur, dismissing the revision application pled against the order of the learned Magistrate holding that the offence fell under section 323, P. P. C., which was within the exclusive jurisdiction of the Conciliation Court where the petitioner should seek leis remedy. 2. The petitioner bad lodged first report with the police against the respondents, alleging that they had attacked him while he was going to his house after closing his shop at about 8-30 or 9-Oil p.m.on 4-6-1966. It was further alleged that respondent Jamaluddin had given him a dunda blow on his head and his cries attracted Yousuf Pehlwan and Intizar Hussain who rescued him. The first report was taken down in the station diary as according to the first report it way a case under section 323, P. P. C. which was non-cognizable I he petitioner was sent to the doctor who on examination found four injuries one on the back, one on the heat and other two on the left; thigh. According to the medics: other the injury on the basil: was caused by a knife while the remaining three injuries were caused by a lathi. On the basis of this opinion the case was registered under section 324, P. P. C. and after due investigation the respondents were challaned. 3. Tire learned Magistrate after recording the evidence came to the conclusion that originally there was one injury on the head caused by…