' HASNAT AHMAD KHAN, J.---Shaukat Hussain and Muhammad Ashiq appellants were tried by the learned Judge Anti-Terrorism Court No,II, Multan in case F.I.R. No, 242, dated 15-7-2000 registered at Police Station Saddar Mailsi after concluding the trial, the said Court vide judgment, dated 31-3- 2003 convicted and sentenced the appellants as under:--
(i) Under section 337-F(vi), P.P.C. Seven years' R.I. Each and to pay Daman of Rs,20,000 each.
(ii) Under section 337-F(iii), P.P.C. Three years' R.I. Each
(iii) Under section 353, P.P.C. Two years' R.I. Each ' It was directed that all the sentences awarded to the appellants shall run consecutively. However, benefit of the provisions of section 382-B, Cr.P.C. Was also granted to them.
2. Ashiq Hussain appellant has challenged his conviction and sentences by way of filing Criminal Appeal No, 2 of 2003 through jail whereas Shaukat Hussain appellant has filed Criminal Appeal No,3 of 2003 for the said purpose. Both these appeals are being decided through this single judgment.
3. Briefly the pfosecution story is that on 15-7-2000 Ghulam Mustafa Pahor, Inspector S.H.O. (P.W.11) accompanied by a police contingent and Muhammad Janagir (P.W.7) complainant of case F.I.R.
No,241 of 2000, set off in search bf accused of said F.I.R. On an official vehicle driven by Faqir Hussain Constable (P.W.5) at 7.00 P.M. When the police officials allegedly reached near the graveyard of Chah DallayWala, they witnessed three persons, namely, Zahoor Ahmad (later on murdered in police encounter), Muhammad Ashiq and Shaukat Ali appellants who were coining towards Chit Wahin while armed with firearm weapons and riding on a motorcycle. On seeing them, Muhammad Jahangir P.W. Identified them as robbers of the motorcycles (owned by said Jehangir) on which they, all three, were riding. The moment, thesaid accused saw the police party, they turned towards the road of graveyard. The police party chased them on which the accused threw away the motor cycle and started straight firing upon the police party. Accused Zahoor Ahmad (now deceased) shot at Ishaq Constable (P.W.4) and injured his left arm. Muhammad Ashiq appellant fired a short hitting on the flank of Muhammad Ishaq Constable. Shaukat Ali accused allegedly fired a shot and injured shoulder of Faqir Hussain Constable (P.W.5). The police party returned the fire in exercise or right of self-defence on which the accused turned the returned tail and fled away. The police contingent, statedly, tailed the accused but they succeeded to vanish taking advantage of the darkness. The motorcycle left by the accused was taken into possession by the police. Ghulam Mustafa Inspector (P.W.11) sent the injured Constables, namely, Ishaq and Faqir Hussain to the Hospital, prepared complaint (Exh.PB/1) at 8-30 P.M. And dispatched the same to the police station for the registration of formal F.I.R.
3A. After registration of the F.I.R. Ghulam Mustafa Inspector took over the investigation. He prepared rough site-plan (Exh.PN) of the place of occurrence. The motor-cycle was also seized vide recovery memo. Exh.P.D. He also recovered 15 empties of bullets of kalashnikov, 10 empties bullets of rifle .8 MM and 12 shells of .222 rifle bullets which were taken into possession vide recovery memo. Exh.P.E.
He reached T.H.Q. Hospital, Mailsi and recorded the statement of the injured P.Ws. Abdul Bash Inspector (P.W.8) who was performing the duties of S.H.O. Of the police station on 2-10-2002 after receiving information that Ashiq appellant was in jail in connection with some other case, formally arrested the appellant in the present case, Jamil Hussain S.I. (P.W.I0), who was the S.H.O. Of the said police station on 10-4-2002, after receiving an information that Shaukat Hussain appellant was in jail, in connection with some other case, made an application to the Court and formally arrested the said appellant in the present case. On completion of the investigation, both the appellants were challaned to the Court to face trial.
4. Charge was framed against the appellants to which both of them denied and claimed trial.
5. At the trial the prosecution produced as many as 14 witnesses out of whom Ghulam Mustafa Inspector appeared as P.W.13 to give ocular account of the occurrence as well as to prove the investigation, Muhammad Ishaq injured Constable, Faqir Hussain injured Constable and Amjad Iqbal Constable who was also a member of the police party at the relevant time entered into witness box as P.Ws. 4, 5 and 6 respectively to corroborate the prosecution story put forth by Ghulam Mustafa complainant. Muhammad Jehangir also stepped into the witness box as P.W.7 to corroborate the version of the prosecution and also todepose about the robbery of this motor- cycle for the recovery of which the police party was proceeding when the present occurrence had taken place. Dr. Mukhtar Ahmad and Dr.. Muhammad Ayyub appeared a P.Ws. 9 and 14 to provide medical evidence. Rests of the witnesses were formal in nature.
6. Statements of the appellant were recorded under section 342, Cr.P.C. In which they claimed innocence.
7. Learned counsel for the appellants at the very outset has candidly submitted that the appellants would not press the conviction and sentences awarded to them and would feel satisfied if the sentences awarded to them are directed to run concurrently instead of consecutively. Further submits that the appellants have been behind the bars right from their arrest in the year, 2002 and have thus undergone substantial portion of their sentences, therefore, the sentences already served out by them would meet the ends of justice. Thus reduction of sentence to one already undergone by them has been prayed.
8. Learned Deputy Prosecutor-General has not opposed the prayer made by the learned counsel for the appellants.
9. In spite of the fact that the learned counsel for the appellants has not contested the conviction and sentences awarded to the appellants but in the interest of justice we have thought it appropriate to go through the record with the assistance of the learned counsel for the parties.
10. Muhammad Ishaq P.W.4 and Faqir Hussain P. W.5 are the police constables who were members of the police party which had chased the accused at the time of occurrence. They are the injured witness. Thus having stamp of injuries on their bodies, their presence at the spot cannot be doubted. Muhammad Ishaq P.W. Was medically examined by Dr. Mukhtar Ahmad (P.W.13) who found two wounds of fire-arm on his body; one on the posterior aspect of the left fore-arm measuring 1/2 x 1/2 c.m. And 10 x 3 c.m. With black margins and the A other on the back of the left lower chest measuring 1/2 x 1/2 C.m. And 2 x 2 c.m. With black margins., Faqir Hussain injured P.W.
Was medically examined by Dr. Muhammad Ayyub (P.W.14) who had operated him and removed a bullet from the right shouider region of the said P.W. Both these injured P.Ws. Have fully supported the ocular account of the occurrence. All the prosecution witnesses including eye-witnesses 'ere subjected to lengthy and searching cross-examination but they did not concede anything in favor of the accused/appellants. The appellants could not bring on record any ill-will or animosity against the complainant/police officials for their false involvement except for bald and vague allegations. Therefore, we feel that the learned counsel for theappellants was very right in not contesting the conviction and sentences awarded to the appellants. The same are, therefore, maintained.
11. However, while going through the record, we feel that in view, of the circumstances of the present case consecutive running of the sentences against the appellants would be rather harsh. We feel that ends of justice would meet if the sentences awarded to the appellants are directed to run concurrently. Therefore, in the interest of justice, we are inclined to direct that the sentences awarded to the appellants to run concurrently. It is also available on record that the appellants have been behind the bars right from the date of their arrest in the year, 2002. They have thus served out substantial portion of punishment awarded to them. Therefore, we think that the sentences already undergone by them would meet the ends of justice. However, Daman amount as directed by the learned trial Court would be recovered by them. . With this modification in the impugned judgment, these appeals are disposed of.