Law: Penal Code (XLV of 1860)

Section: 320, 324, 326, 34

  Penal Code (XLV of 1860) Ss. 320, 324 & 326/34-Grievous hurt-Common intention-Both accused motivated by common intention to hurt complainant as disclosed from their respective roles in committing offence -Active participation of accused H, held, made him equally responsible for offence even though hurt actually caused by accused S- Complainant having received three injuries be could easily have attributed one injury to H if false implication were at all intended-Conviction under S 326 however altered to one under S. 324 in circumstances of case. Date of hearing: 21st July 1975.                                                                                                                                      JUDGMENT Sohrab son of Jalat and Hakim Khan, son of Kashmirai, residents of village Lahore, Tehsil Swabi, stood their trial under section 326/34, P. P. C. They were convicted under the above sections and sentenced each to three years' R. I and a fine of Rs. 500 each or in default six months R. I. Their appeal was dismissed. They have come in revision. 2. The prosecution case at the trial as disclosed by Sarandaz (P. W. 4) was that at the material time, after getting himself shaved in the shop of Malang barber (not produced) he was coming back towards his dera in the Bazaar, that in the Bazar he was waylaid by the two petitioners of whom Hakim Khan held him and retorted if he (the witness) would again assist the Police, that Sohrab petitioner gave him blows which landed on his buttock, chest and palm and that Hakim Khan was also having a knife. Besides the complainant, the prosecution examined Biland Iqbal and Jabbar P. Ws. who have supported the complainant in material particulars. 3. Doctor Akhtar Ali Shah, Medical Officer, Incharge, Rural Health Centre, Khunda examined Sarandaz Khan on 25-10-74 at 7-45 p.m. and…