Law:

Section:

Penal Code (XLV of 1860)---S. 307-Murderous assault-Sentence-Mitigation-Contention that petitioner having suffered agony of trial for 5 years entitled him to reduction in sentence-Petitioner having remained on bail through out except for a period of 20 days, no ground, held, made out for reduction in sentence.-[Sentence]. ORDER FAKHRUDDIN G. EHRAHIM, J.--.This petition for special leave to appeal is directed against the judgment dated 14-6-1980 made by a learned Single Judge of the Lahore High Court in Criminal Appeal No. 273 of 1980 dismissing petitioner's appeal against his conviction under section 307, P. P. C. for committing murderous assault upon Fazal Hussain P. W. 1 and sentence of four and a half years and a fine of Rs. 1,000 or in default to undergo further R. I. for six months made by the learned Magistrate, Gujrat, vide his judgment dated 3-3-1980. The limited argument in support of this petition relates only to the sentence. Mr. Agha Aziz Ahmad, learned counsel for the petitioner; contended that the case against the petitioner was that one of the injuries caused to P. W. 1 Fazal Hussain was grievous but evidence was limited to certain simple injuries only which would at best make out a case under section 324, P. P. C. The finding of the two Courts that one of the said injuries, viz. injuries No. 2 was grievous, it was argued, was based on medical evidence of P. W. 3, Dr. Sami Tariq, while it was alleged that it was Dr. Altaf Hussain Rathore who had on the basis of an X-ray examination found this injury to be grievous vide his report Exh. P. E., but Dr. Rathore was not examined.…

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