M.A. ZAFAR, J. --- Shah Muhammad petitioner has filed petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for the enhancement of sentence awarded to respondents Nos. 1 to 4, which was due to non-prosecution on 21.10.2008. The present application for restoration of main writ petition has been filed.
2. Facts of the case are that a case F.I.R. No. 117, dated 20.11.1996 under Sections 342, 506, 148, 149, 334, 336, 337-A(i.e), P.P.C. Was registered at Police Station Saddar, Talagang at the instance of Shah Muhammad petitioner alleging therein that on the right of 20.11.1996, he alongwith Miran Bakhsh remained in their field situate within the area of Mouza Kotehra, Tehsil Talagang to look after their crop of peanut; they were going to their residential Dhoke to take breakfast in the morning. When they reached the place known as Kitchi Ban at 8.00 a.m., Muhammad Afzal respondent/accused armed with hatchet, Ghulam Akbar armed with soti, Muhammad Mushtaq armed with soti, Abdul Majeed armed with rifle, Maqbool Elalli armed with hatchet were found waylaying near the tree of "Phullay", they suddenly across them. The accused/respondent Muhammad Afzal raised lalkara that they would teach them a lesson to have land, while he inflicted hatchet blow on the right forearm of petitioner, Maqbool Ellahi respondent/accused gave him hatchet blow with its wrong side at his mouth and chin, on this, he fell down, the tooth and lower jaw of the petitioner were broken, Muhammad Mushtaq accused/respondent also inflicted soti blow on right hip joint of. Petitioner being complainant, Ghulam Akbar accused/respondent also inflicted soti blow on the back of petitioner while Abdul Majeed accused/respondent kept on raising lalkara while carrying the rifle. On hue and cry of petitioner/complainant Miran Bakhsh and Ghulam Akbar witnesses attracted to the spot, they tried to rescue but Abdul Majeed accused/respondent restrained them to come near them, the accused/respondents dragged tile petitioner to their Dhoke and locked him in a cattle room.
3. Respondents Nos. 1 to 4 faced the trial whereas respondent No. 5 was declared Proclaimed Offender, trial learned Trial Court recorded the statement of Shah Muhammad complainant as PW.1, Miran Bakhsh eyewitness as PW.2. Doctor Muhammad Farooq, who medically examined injured, as PW.3, Muhammad Ghafoor H.C. As PW.4, Syed Gul Hussain Shah, Si. As PW.5, Mushtaq Ahmad, A.S.I. As PW.6 and Dr. Khalid Masud, Dental Surgeon as PW.7.
4. Learned Trial Court vide judgment dated 19.3.2003 convicted and sentenced respondents Nos. 1 to 4 as under:- "Muhammad Afzal, Ghulam Akbar & Muhammad Mushtaq under Section 337-F(i), P.P.C. To undergo nine months' R.I. Each and also Rs. 5000/- as Daman each. Under Section 342, P.P.C. To pay a fine of Rs. 1,000/- each as compensation.
Maqbool Ellahi respondent under Section 337-U, P.P.C. 1/20th of Diyat, which was worked out to be Rs. 13,150/-. Under Section 342, P.P.C. To pay a fine of Rs. 1,000/- and under Section 337-A(i.e), P.P.C.
1/10th of Diyat, which was worked out to be Rs. 26,300/-. He was punished for three and six months'
R.I."
5. Petitioner filed revision petition before the learned Additional Sessions Judge, which was finally disposed of by the learned Additional Sessions Judge vide judgment dated 25.5.2005. Feeling aggrieved from the said judgment, the present writ petition was filed in the year 2006 and the same was dismissed due to non-prosecution on 21.10.2008 and even on previous four dates of hearing i.e. 14.1.2008, 8.4.2008, 29.4.2008 and 6.10.2008 no one turned up on behalf of the petitioner to pursue the .Same, despite. The fact that petition filed in the year 2006; is still at motion stage.
However, this petition was dismissed due to non-prosecution on 21.10.2008.. The present application has been filed seeking restoration of the main writ petition and according to its contents, petitioner's counsel, who belongs to Talagang, was on his way on 21.10.2008 when suddenly his vehicle broken down and he could not reach the Court well in time. Alongwith application only an affidavit of Malik Shamim Asghar, Advocate has been appended, duly attested by Mr. Tazmia Aziz, Advocate/Oath Commissioner, Rawalpindi but tile said affidavit is without signatures of Malik Shamima. Asghar, Advocate and the Oath Commissioner has attested the same without even the signature on it by the executant.
6. For the forgoing reasons, there is no good ground to restore the writ petition and resultantly, this application is dismissed.
Restoration .