' KHAWAJA MUHAMMAD SHARIF, J.---This judgment will dispose of Criminal Appeal No. 394-J of 2002 directed against the judgment, dated 1-10-2002 passed by the learned Additional Sessions Judge, Mianwali, whereby he convicted the appellant under sections 311, P.P.C. And sentenced him to undergo 14 years' R.I. With further direction to pay Diyat amount. He was further convicted under section 324, P.P.C. For making murderous assault on Mst. Rukhsana Bibi and sentenced him to undergo 7 years' R.I. With fine of Rs.10,000 or in default thereof six months' S.I. All the sentences were ordered to run concurrently.
2. The facts of the instant case in brief as narrated by the complainant in the F.I.R. Are that on 23-7- 2000 at 7 p.m. The complainant along with Muhammad Ibraheem, Zohra Bibi, Mst. Hayat Bibi, Zaheer Abbas and Mst. Rukhsana Bibi was present in the house of Muhammad Latif. On the same day at 3-30 p.m. When Atlas Khan appellant came there and raised lalkara to Mst. Hayat Bibi and others that he had come for taking the revenge of injuring his father and fired a burst by his kalashnikov at Mst. Hayat Bibi hitting her right shoulder and back of the right hand. The second burst was fired by him towards Zaheer Abbas and Mst. Rukhsana Bibi hitting on neck and left side of shoulder of Zaheer Abbas and the little finger of left hand of Mst. Rukhsana. All the three injured fell on the ground. The accused fled away from the spot and the injured were taken to the Hospital by the complainant party. On way to Hospital Mst. Hayat Bibi and Zaheer Abbas succumbed to the injuries. The motive behind this occurrence was that Muhammad Latif, the husband of Mst. Hayat Bibi deceased had injured the father of Atlas Khan appellant by firing 4/5 years back.
3. The local police after getting information about the occurrence completed all the necessary formalities and thereafter Muhammad Sher Khan S.-I. Along with his subordinates proceeded to the spot. He prepared the injuries statement of Mst. Hayat Bibi vide memo. Exh.PF and inquest report Exh.P.E. He also prepared injuries statement of Zaheer Abbas and inquest report also vide memos. Exh.PJ and Exh.P.H. He also secured blood-stained earth from the place where Hayat Bibi was injured vide memo. Exh.P.M. And blood-stained earth from the place where Zaheer Abbas was injured vide memo. Exh.P.N. Last worn clothes of both the deceased were also received by him vide memo. Exh.PB. And Exh.P.C. Respectively. He arrested Atlas Khan appellant on 7-8-2000 on a secret spy information who during interrogation he got recovered kalashnikov, the weapon of offence from him which was taken into possession vide memo. Exh.P.K. Ultimately the appellant was challaned under the above said offence and his three co-accused namely Muhammad Zaman Rohtas Khan and Rehmat Ullah were declared innocent by him and also by Muhammad Rafique S.I.
The other I.
0.
4. The prosecution in order to prove its case has produced as many as 15 witnesses including Doctor, I. Os., eye-witnesses and other formal and relevant witnesses. Thereafter learned APP tendered in evidence the reports of chemical examiner Exh.P.R., Exh.P.S. And that of Serologist Exh.P.T. And also a report of Forensic Science Laboratory Exh.P.U. And then closed the prosecution evidence. Stations of the accused were also recorded under section 342, Cr.P.C. In which they pleaded their innocence. Learned trial Court after taking into consideration the evidence and hearing the arguments advanced by both the parties convicted and sentenced the appellant as mentioned above and acquitted his co-accused. Hence this appeal.
5. During pendency of the appeal an application under section 345 read with section 561-A, Cr.P.C.
For the acquittal of the appellant on the basis of compromise was submitted on which report about the genuineness of the compromise was called from the learned Sessions Judge Mianwali.
Report from the learned Sessions Judge has been received which shows that some of the legal heirs of the deceased have forgiven the appellant in the name of Almighty Allah without any Badle-Sulh but the appellant party did not agree to deposit the amount of Diyat in the names of the minor legal heirs of the deceased so the compromise could not be effected/completed to that extent. On this very ground the petition for compromise was dismissed and the appeal for arguments on merits was fixed for today.
6. Learned counsel for the appellant in support of this appeal submits that maximum sentence under section 311, P.P.C. Has been awarded to the appellant, that he is the first offender, that except minors all the legal heirs of the deceased have pardoned the appellant.
7. Learned State counsel on the other land submits that prosecution has proved its case against the appellant. Already a lenient view has been taken by the learned trial Court. He submits that the appellant has not deposited the Diyat amount of the minors. He supports the judgment of the learned trial Court.
8. I have heard the learned counsel for the parties and also have gone through the record available on the file. The appellant has not only killed the two persons namely Mst. Hayat Bibi and Zeheer Abbas a minor boy but also injured Mst. Rukhsana Bibi. In the murder of Zaheer Abbas the learned trial Court has acquitted the present appellant but convicted him under section 311 for causing death of Mst. Hayat Bibi and also convicted him under section 324, P.P.C. For causing injury to Mst. Rukhsana Bibi. The act of the present appellant is a brutal one. He has not only killed the two persons but also has injured a minor Mst. Rukhsana Bibi. Amongst the two deceased, one is also minor. Already leniency has been shown to the appellant by the learned trial Court. Even he has not deposited the Diyat amount. There is no mitigating circumstances in favour of the appellant. In this view of the matter, there is no merit in this appeal and the same is dismissed.