Law: Penal Code (XLV of 1860)

Section: 326, 34

(a) Criminal trial- Prejudice-Witness-Non-production before trial Court of Doctor examining injured accused-Held, prejudicial to accused-Penal Code (XLV of 1860), S. 326/34. (b) Criminal trial Witness-Accused receiving 8/10 injuries some of which grievous-Prosecution witnesses stating nothing about such injuries and suppressing material facts-Evidence of such witnesses not reliable-Penal Code (XLV of 1860), S. 326/34. In order to be believed a witness must come to the Court with clean hands and if he is found to have suppressed the material fact which goes in favour of the accused persons, his evidence must be rejected and if it is doubt ful as to which of them attacked first, the benefit should go to the accused persons. Dates of bearing: 1st, 2nd and 5th March 1972.                                                                                                                     JUDGMENT Muhammad Aziz, Muhammad Siddique and Muhammad Ayub, brothers inter se were tried under section 326/34, P. P. C. and sentenced to one year's R. I. each by Ch. Amjad Ali, Magistrate Section 30, Pakpattan, vide his order dated 9-5-1972. They were also asked to execute a bond in the sum of Rs. 1,000 each for keeping peace in the locality for a period of six months after the expiry of sentence. The petitioners appealed before the Sessions Judge, Sahiwal which was dismissed on 9-10-1972. Hence this revision petition. 2. Briefly the prosecution case is that on 26-5-1969 at 6 p.m. Muhammad Ayub and Sohan P. Ws. tenants of Gulab Khan P. W. were irrigating the fields when Gulab Klan P. W. was at some distance. The petitioners felt that it was their turn of water and illegally a cut had been made in the watercourse. Muhammad Siddique and Muhammad Aziz petitioners armed with a spade each and Muhammad Ayub armed with a Khunda turned up at the point of Naka and asked Muhammad Ayub P. W. to stop…