' KHAWAJA MUHAMMAD SHARIF, J.---This judgment will dispose of Criminal Appeal No, 723 of 2002 filed by Muhammad Shahzad Aslam and Criminal Appeal No, 815/2002 filed by Waseem Shaukat, appellants who were convicted and sentenced by learned Judge Anti-Terrorism Court, Faisalabad vide judgment dated 11-5-2002 as under:-- ' One year's R.I. Under section 7 of Anti-Terrorism Act, 1997 with a fine of Rs, 1000 each in default S.-I.
For 15 days and one month's R.I. Under section 186, P. P. C .
' The sentences were ordered to run concurrently with the benefit of section 382-B, Cr.P.C.
2. Briefly stated the facts of the case are that Waseem Shaukat accused raised Lalkara for teaching a lesson to the complainant who was Chairman of the Disciplinary Committee of Government College, Faisalabad for enforcing discipline. Upon his lalkara, the shot fired by Muhammad Shahzad Aslam passed from the right shoulder of the complainant. After investigation, both the accused were challaned to face the trial.
3. The learned trial Court after recording evidence of the prosecution and defence of the accused, convicted and sentenced the accused as stated above.
4. Learned counsel for both the appellants unanimously submit that they would not argue the appeals on merits rather pray for reduction in the quantum of sentence
5. Heard. Both the appellants were students of 1st year in the college. As far as participation of the appellants in the occurrence and the role they played is concerned, I have no doubt in my mind that the prosecution has been successful in proving the same. The complainant and the witnesses produced by the prosecution have no enmity whatsoever with the appellants and even no such suggestion was put to the P.Ws. In their cross-examination. It is on record that offence under section 324, P.P.C. Has been compounded but the fact remains that offence under section 7 of the ATA cannot be compounded. This being the position, conviction recorded against the appellant by the learned trial Courts under section 7 of Anti-Terrorism Act, 1997 and 186, P.P.C. Is maintained.
However, taking a lenient view of the matter and the fact that both the appellants have no criminal case to their credit as also that no fire-arm was recovered on the pointation of Muhammad Shahzad Aslam appellant, I reduce the sentence from one year R.I. To six months R.I. In respect of both the appellants. No reduction in sentence under section 186, P.P.C. Is ordered. The sentence of fine is maintained. The benefit of section 382-B, granted by the trial Court shall remain available to both the appellants. The appellants who are on bail shall be taken into custody to serve out their sentence.
' With above modification in the quantum of sentence, both the appeals filed by the appellants are disposed.