Law: Pakistan Penal Code, 1860

Section: 337F(i),337F(v),285,34,324,336

Penal Code (XLV of 1860)--- ----Ss. 324, 336, 337(i)(v) & 285/34---Criminal Procedure Code (V of 1898), S.227---Constitution of Pakistan (1973), Art.199---Constitutional petition---Application for addition of offence---Rejection of such application---Five witnesses including the medical officer were examined at trial and the offences under Ss.324 & 336, P.P.C. were fully made out from their-testimony---Petitioner submitted application seeking addition of offences and accordingly framing of the charge against accused---Application to the extent of addition of offence under S.336, P.P.C. was accepted, but it was declined to the extent of offence under S.324, P.P.C.---Both petitioners and one respondent being aggrieved of said order filed separate criminal revisions before Sessions Judge who accepted revision filed by the respondent, but dismissed revision filed by the petitioner who being aggrieved of said order had filed constitutional petition---Validity---Held, as a result of the injury there was Itlaf-i-Salahiyyat-i-Udw as the victim was not in a position to perform any physical work with his left arm, but the Court vide impugned order had failed to consider that aspect of the case and did not make any effort to refer the injured for examination by a Medical Board---Magistrate/Trial Court, in his well-reasoned order based on the evidence adduced by the prosecution at the trial, had rightly concluded that offence under S.336, P.P.C. was attracted---Impugned order passed in revision was set aside---Revision petition would be deemed to be pending which would be decided by the revisional Court in the light of the report of Medical Board. JUDGMENT TARIQ SHAMIM, J.---Pre-admission notice was issued to respondents Nos.1 to 4 and since both the parties are represented by their counsel, therefore, this case shall be treated as an admitted case. 2. The petitioner lodged case F.I.R. No.273 of 1999 dated 19-8-1999 against respondents Nos. 1 to 4 at Police Station Malka Hans, Teshil and District Pakpattan for offences under sections 337-F(i), 337-F(v) and 285/34, P.P.C. According to the F.I.R. while the petitioner, his mother Mst. Fajjan and Ghulam Qadir son of…

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