Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S 325/147/323--Constitution of Pakistan (1973), Art. 185(3)--Complainant had received 31 injuries which were caused by blunt weapon on non-vital parts of the body--All such injuries except one were found simple--No X-Ray was carried out of said injury to ascertain whether it was really a bone fracture or a simple hurt-­High Court after thorough scrutiny of evidence on record took judicious view and modified of Trial Court--No legal defect was shown which needed interference--Leave to ~ippeal refused in circumstances. Muhammad Abdus Saleern, Advocate Supreme Court and Ch.Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 20th November, 1988. ORDER USMAN ALI SHAH, J.-The petitioner seeks leave to appeal against the judgment and order dated 15-7--1984 of the Lahore High Court, Lahore, whereby his criminal revision No .3.14/84 against the judgment of the Judicial Magistrate Section M Mandi Bahauddin, dated 4-2-1984, for enhancement of sentences of respondents Nos.l-5 was dismissed by the impugned judgment. On 11-7-1981 at 1.30 p.m. complainant Saee Muhammad (petitioner herein) on his way back from Head Faqiran was waiting for a Tonga at Bar Musa Bus Stand, alongwith P.Ws. Umar Hayat and Noor. Meanwhile, respondents Zulfiqar, Sikandar, Ijaz, Nazar and Phatta all armed with sticks came there and attacked on the petitioner. Respondents Not.' and 4 caught hold of the petitioner and took him away at a little distance on the road to Bar Musa. Respondent No.1 delivered a stick blow on the head of the petitioner as a result of which he fell down. Thereafter, all the respondents Nos.1-5 started beating the petitioner and injured him. Both the P.Ws. Umar Hayat and Noor raised alarm which attracted P.W. Muhammad Yousaf who tried to rescue the petitioner from beating: He was also given a stick blow by respondent No.] and injured him too: After 'a threat of dire consequences to the PWs all the above said respondents left the scene of the occurrence. The petitioner was taken to the Police Station Minna Gondal where he registered a case against the said respondents. Respondents Nos.l to 5 were arrested by the…

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