' MIAN MUHAMMAD NAJAMUZ-ZAMAN, J.---Appellant Ghulam Dastgir was tried by Special Judge Anti-Terrorism Court, Faisalabad in case F.I.R. No.13 of 2000 dated 13-1-2000 registered under sections 324/353/148/186/149, P.P.C. At Police Station, Mochiwala, District Jhang. The trial Court vide judgment dated 24-7-2002 convicted and sentenced the appellant as under:-- ' Under section 324/34, P.P.C.: ' Sentenced to seven years' R.I. With a fine of Rs.10,000 or in default whereof to undergo 1-3/4 years on three counts i.e. For causing injuries to Kashif, Shabbir Constables and Abdul Majeed S.I.
' Under sections 353/34, P.P.C.: ' Sentenced to one year's R.I. With a fine of Rs.10,000 or in default whereof to undergo three months S.I.
' Under section 7 (h) of Anti-Terrorism Act, 1997: ' Sentenced to seven years' R.I. With a fine of Rs.10,000 or in default whereof to undergo 1-3/4 years.
' All the sentences were ordered to run concurrently. Benefit of section 382-B, Cr.P.C. Was also extended to the appellant.
2. Challenging his conviction and sentence the appellant filed the instant appeal through jail.
3. Succinctly the prosecution case as narrated in F.I.R is that on 13-1-2000 at about 1-00 a.m.
Complainant Abdul Majeed, S.-I. Was present at Adda Mangani in connection with patrol duty along with Muhammad Sahbbir, Muhammad Hanif and Saeed Ahmad police officials. Muhammad Kashif came there informing him that Salehoon Shah accused of case F.I.R. No.12 of 2000 under section 302/34, P.P.C. Registered at Police Station, Mochiwala District Jhang was present at his Dhari and if a raid was conducted, he could be arrested. Statedly, the complainant along with Muhammad Kashif and other police officials on a private vehicle which was already with him, proceeded towards the Dhari of Salehoon Shah accused situated in Chak No.259/JB. Statedly, when they reached near the Dhari, Mst. Zakia Bibi who was present outside the Dhari on seeing them started raising hue and cry and informed Salehoon Shah accused about the arrival of police.
Statedly Salehoon Shah accused armed with gun, Ghulam Dastigir appellant armed with hatchet, Mst. Bushra armed with Sota and Mst. Zakia armed with Danda along with 2/3 other unknown persons came out of the Dhari and assaulted the police party. Reportedly, Salehoon Shah accused fired at the complainant with his .12 bore gun but the fire hit Muhammad Kashif on the knee and he fell down, thereafter Salehoon Shah with the butt of his gun, Ghulam Dastgir appellant with hatchet, Mst. Bushra with Sota and Mst. Zakia with Sota and 2/3 other unknown persons started belabouring the complainant and Ghulam Shabbir, constable causing injuries to them. During this scuffle the uniform of Ghulam Shabbir, constable was also torn. Statedly, all the accused after creating terror and harassm ent fled away from the spot.
4. After the occurrence Abdul Majeed, S.-I., P.W.7. Took Muhammad Kashif, P.W. To Mochiwala Hospital and then to D.H.Q., Jhang where he was admitted for medical treatment. Thereafter he came back at the spot, drafted complaint Exh.P.D. And sent the same to the police station for registration of formal F.I.R.
5. The investigation of this case was conducted by Talat Mehmood, S.H.O., P.W.4, Muhammad Aslam, Inspector, P.W.6. Abdul Majeed, Ex-S.-I., P.W.7. The whereabouts of the appellants were not known, he was declared proclaimed offender during the investigation and incomplete challan against the co-accused of the appellant namely Mst. Zakia Bibi and Salehoon Shah was submitted.
The trial Court convicted and sentenced them on 29-9-2001. The appellant was arrested on 7-6- 2002. The Investigating Agency after complying with legal formalities submitted challan against appellant before the 'trial Court where prosecution produced seven witnesses to prove the charge against him.
6. Ghulam Shabbir, A.S.-I., P.W. I entered formal F.I.R. Exh.P.A./1 at the police station. Muhammad Saeed, H.C., P.W.2 was present when the appellant led to the recovery of Hatchet P.1 which was taken into possession vide memo. Exh.P.B. He also attested the recovery memo. In this regard.
Muhammad Shabbier, F.C., P.W.3 and Abdul Majeed, S.-I., P.W.7 being the injured eye-witnesses of the occurrence while supporting the prosecution case narrated the circumstances under which the appellant and his co-accused launched attack and caused injuries to the police officials. He also witnessed the recovery of hatchet P.1 at the instance of appellant. Talat Mehmood, S.H.O., P.W.4, Muhammad Aslam, P.W.6 along with Abdul Majeed, Ex-S.-I., P.W.7 conducted formal investigation in this case. Medical examination was conducted by Dr. Faqir Zaighum Ali, P.W.5 who observed twelve injuries on the person of Abdul Majeed, S.-I., fourteen injuries on the person of Muhammad Shabbir, F.C. And two fire-arm injuries on the person of Muhammad Kashif, P.W.
7. Trial Court also examined the appellant under section 342, Cr.P.C. While answering to the question, why this case against you and why the P.Ws. Made statements to involve you?, the appellant replied as under:- "As already stated the P.Ws. Attacked our Dhari in plain clothes and my parents mistook them as our enemies of murder case. My parents reacted in defence. I was not present at the spot neither I participated in the occurrence. I have been roped in this case to involve the entire family. The P.Ws.
Are our enemies of the murder case are influential persons. The police at their instance booked us in this case. Our Dhari and the land is in their possession."
8. Trial Court after appraisal of evidence available on record vide judgment dated 27-7-2002 convicted and sentenced the appellant as narrated earlier.
9. Learned counsel for the appellant submitted that the story narrated by the prosecution in the F.I.R. Was unbelievable and same could not be relied upon to convict the appellant in the circumstances of this case; during investigation fake recovery (crime weapon) was planted on the appellant just to strengthen the prosecution case; the injuries received by the injured eye- witnesses are on the non-vital part of the body and in the circumstances, ingredients of section 324, P.P.C. Would not be attracted. Conversely learned counsel for the State vehemently opposed the contentions advanced by the learned counsel for the appellant.
10. Heard. File perused.
11. On 13-1-2000 at about 1-00 a.m. Upon receipt of an information that Salehoon Shah, who was required in case F.I.R. No.12 of 2000 under section 302/34, P.P.C. Registered at Police Station, Mochiwala, District Jhang, was available at his Dhari, the complainant namely Abdul Majeed, S.-I., P.W.7 along with other police officials and Muhammad Kashif, P.W. Raided at the Dhari of said Salehoon Shah. On coming to know about the presence of raiding party Salehoon Shah being armed with gun along with his other family members i.e. Mst. Zakia and Mst. Bushra being armed with Dandas and Ghulam Dastgir appellant being armed with hatchet along with 2/3 unknown persons launched an attack upon the raiding party. Statedly, Salehoon Shah accused made fire at Abdul Majeed complainant but the same hit Kashif on the knee. Thereafter Salehoon Shah with the butt of his gun along with other co-accused caused injuries to Abdul Majeed, S.-I., P.W.7 who received twelve injuries including one incised wound whereas Muhammad Shabbir, F.C., P.W.3 received fourteen injuries and Muhammad Kashif received two fire-arm injuries on the knee. The duration of the injuries on their persons tally with the time of occurrence hence the presence of these witnesses at the spot cannot be doubted. Statements of both the eye-witnesses namely Muhammad Shabbir, P.W.3, Abdul Majeed, Ex-S.-I., P.W.7 have painted a bright and vivid picture of the whole occurrence. Their evidence also stand corroborated by the medical evidence. Both of them successfully stood the test of lengthy cross-examination and there is nothing on the record to doubt their credibility.
In the light of the evidence/data available on record the conviction and sentence of the appellant need no interference by this Court in its appellate jurisdiction. The instant appeal having no merits stands dismissed.