' KHAWAJA MUHAMMAD SHARIF, J.---Appellants were tried by Additional Sessions Judge, Rawalpindi in case F.I.R. No, 581 of 1997 dated 27-7-1997 for the offences under sections 302/324/452/34/337- A(ii), P.P.C. Registered at Police Station, Wah Cantt, Tehsil Taxila, District Rawalpindi, who vide judgment dated 29-10-1999 convicted appellants under section 452, P.P.C., and sentenced to seven years' R.I. Each and to pay Rs,5,000 (rupees five thousand) each, or in default whereof to further undergo two months' S.I. Each. Appellants were also convicted under section 337-A(ii), P.P.C., and sentenced to five years' R.I. Each and to pay Arsh which would be 5% of Diyat. Appellants were also convicted under section 324, P.P.C. And sentenced to ten years' R.I. Each and to pay Rs,10,000 (rupees ten thousand) each or in default whereof to further undergo two months' S.I. Each.
Appellant Ghulam Abbas was also convicted under section 302(b), P.P.C. And sentenced to death.
Appellants Mulazzam Hussain Shah and Imran Shah were also convicted under section 302 (b), P.P.C. Sentenced to imprisonment for life each. All the appellants were also directed to pay Rs,1,00,000 (Rupees one lac) each to the legal heirs of the deceased as required under section 544- A, Cr.P.C., or in default whereof to further undergo six months' S.I. The sentences of Mulazzam Hussain Shah and Imran Shah were also ordered to run concurrently and they were given the benefit of section 382-B, Cr.P.C.
2. Feeling aggrieved by the impugned judgment, appellants have filed the instant appeal i.e, Cr1. A.
No,241 of 1999 whereas complainant has filed criminal revision i.e, Crl. Rev. No,141 of 1999 for the enhancement of sentences of appellants/ respondents. Trial Court has also made a reference (M.R. 472 of 1999) seeking confirmation of death sentence awarded to Ghulam Abbas Shah. All these matters are being disposed of together by this judgment.
3. In brief the case of the prosecution as taken down in the F.I.R. Is that on 27-7-1997 complainant Walayat Khan went to his brother's home to inquire about the well-being of his brother Zulfiqar due to Sunday Holiday and it was about 9-30 a.m., when they both were busy in gossiping while sitting on the cot, all of a sudden Mulazzam Hussain Shah being armed with Danda, Ghulam Abbas being armed with Churri and Imran being armed with Danda forcibly entered inside and said in loud voice that they will teach them the lesson for taking the land and on the same moment in his view Ghulam Abbas Shah gave two consecutive Churri blows upon Zulfiqar which landed upon his neck on front side and in front of head, whereas Imran gave two Danda blows upon Zulfiqar which hit upon his right thigh and left arm's elbow which made him to fall down. Statedly complainant moved ahead to help injured Zulfiqar when Mulazzam Shah gave him a Danda blow which hit upon his head, and second blow on his left ear, as a result of that he fell down sustaining the injuries, meanwhile he along with Safeer Ahmed and Mst. Tasleem Bibi widow of Zulfiqar came at the spot making hue and cry. Statedly appellants while raising Lalkaras decamped from the place of the occurrence. Zulfiqar (brother of the complainant) succumbed to the injuries on the way to the hospital.
' The motive behind the occurrence is that appellants were in possession of their land since ten years ago, the possession of which was secured by them through Revenue Authorities during the month of May, 1997 and now they are in possession of the property and appellants were revengeful of that as a result of that appellants due to that annoyance, have launched assault upon them by criminally trespassing their house, in furtherance of their common intention.
4. On coming to know about the occurrence, Fida Hussain, S.-I. Reached Civil Hospital, Taxila and recorded statement of Walayat Khan (complainant). He after complying with legal formalities submitted challan before the trial Court where prosecution produced ten witnesses including Safeer Ahmad P.W.7 and Wallayat Khan P.W.9 being eye-witnesses of the occurrence to prove the charge against the appellants.
5. Learned trial Court also examined appellants under section 342, Cr.P.C. In response to the question "why this case against you and why the P. Ws. Have deposed against you?", all the appellants made almost the same reply which reads as follows:-- "The witnesses are related inter se and inimical toward me, therefore, they are interested witnesses and due to enmity they have deposed falsely against me. In fact on the day of occurrence Walayat P.W. And Mst. Tasleem Bibi widow of deceased were found in objectionable condition, whereupon a quarrel took place inside the room, in result of which Zulfiqar murdered urdered and Walayat P.W.
Received injuries at the hands of deceased. On account of previous enmity due to abduction of Mst. Sanjeeda, sister of complainant and on account of gift of house of Akbar Khan to the accused person, I was falsely implicated."
' None of the appellants made any statement under section 340(2), Cr.P.C. Nor produced any evidence in their defence.
' Learned trial Court after appraisal of evidence vide judgment dated 29-10-1999 convicted and sentenced the appellants as narrated earlier.
6. Learned counsel for the appellants submits that the motive is shrouded in mystery in this case; that Imran appellant was sixteen years of age whereas Ghulam Abbas appellant was nineteen years of age at the time of occurrence while Mulazzam Hussain their father has already met his natural death; that both the appellants were under the influence of their father so case against Ghulam Abbas is not of death sentence; that according to F.I.R. Two sharp-edged injuries have been attributed to Ghulam Abbas whereas post-mortem report shows that there is only one sharp-edged injury on the person of deceased i.e, Injury No,2, whereas Injury No,1 is blunt weapon injury. In support of his arguments about the award of lesser sentence, learned counsel relied on 1995. SCMR 256. On the other hand, learned counsel for the complainant submits that it was a broad-daylight occurrence; that appellants trespassed into the house and caused injuries to Zulfiqar and Walayat Khan; that Walayat Khan is a star witness in this case; that no case of mitigating circumstances is made out in favour of Ghulam Abbas appellant; that influence is always on the minor while Ghulam Abbas appellant was major at the time of occurrence; that the repeated blows were caused by Ghulam Abbas on the person of deceased; that learned counsel for the appellants had also admitted the motive and did not cross-examine on the witnesses on this point; that the motive is not shrouded in mystery as has been submitted by learned defence counsel. Learned Assistant Advocate-General submits that there are two judgments far and against about the quantum of sentence for an offence under, the influence of elders i.e, 1997 SCM R 401 and 2005 M LD 1593.
7. After hearing learned counsel for the parties, we have also minutely gone through the record of this case.
' The occurrence in this case had taken place on 27-7-1997 at 9-30 a.m and the matter was reported to the police on the same day at 11-40 a.m. The distance between the police station and the place of occurrence is 2-1/2 miles. Complainant Walayat Khan who is injured witness is the real brother of Zulfiqar Khan deceased. The occurrence had taken place in the house of the complainant party. Walayat Khan is the star witnesses of the Occurrence. Three accused were named in the F.I.R. i.e, Mulazzam Hussain along with their sons Ghulam Abbas Shah and Imran Shah. According to prosecution case Ghulam Abbas caused two injuries on the person of the deceased. One injury was on the head while other was on the chest but according to post-mortem report Injury No,1 is lacerated wound caused by blunt weapon so there is only one sharp-edged injury on the chest which proved fatal. Imran Shah appellant had caused injury to Zulfiqar deceased and Mulazzam appellant had caused injury to Walayat Khan but he had died so to his extent this appeal has abated due to his natural death.
' Learned counsel for the appellants has not contested this case on merits and requested for lesser sentence due to the reasons that appellants had acted under the influence of his father Mulazzam Hussain and that Ghulam Abbas who had been awarded death sentence was nineteen years of age at the time of occurrence. Learned counsel has also referred a judgment of the apex Court of this country in this regard.
' Without going into the merits of the case as far conviction and sentence of both the appellants are concerned we are not inclined to interfere with the same. Though sentence of Ghulam Abbas Shah is maintained under section 302(b), P.P.C. But the same is converted to imprisonment for life from sentence of death for the reason that the appellants had acted under the influence of their father Mulazzam Hussain who had dispute of land with the complainant party. So we do not confirm the death sentence awarded to Ghulam Abbas Shah and life imprisonment is awarded to him with the benefit of section 382-B, Cr.P. Sentence of Imran is maintained. All the sentences of the appellants are ordered to run concurrently. With this modification in the impugned judgment this appeal otherwise stands dismissed, murder reference i.e, M.R. No,472 of 1999 is answered in the negative and death sentence of Ghulam Abbas is not confirmed .
' For the foregoing reasons criminal revision for the enhancement of sentence of appellants i.e, Crl.
Rev. No,141 of 1999 also stands dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.