' HAFIZ ABDUL REHMAN ANSARI, J.--- Kharat Ali alias Khizar Abbas (Now 25/26 years of age) along with his father Ghulam Muhammad son of Ramzan (now 53/54 years of age) were set up to face trial in case F.I.R. No,198 dated 8-10-2003, registered at Police Station Choubara, District Layyah, for an offence under sections 302/324, P.P.C. For committing the murder of Nasir Abbas, brother of complainant Mst. Zarina Mai (P,W.2). The case came up for trial before Additional Sessions Judge, Layyah, who vide his judgment dated 30-102004 found Kharat Ali alias Khizar Abbas guilty for committing qatl-eamd of Nasir Abbas and sentenced him to death as Ta'zir under section 302(b), P.P.C. He was further directed to pay an amount of Rs,1,00,000 as compensation to the legal heirs of the deceased, and in case of default in payment of the said amount he was to undergo six months'
S.I. He was further convicted under section 324, P.P.C. For attempting to commit qatl-e-amd of Munawar Hussain injured P.W. And sentenced to ten years R.I. With a direction to pay fine of Rs,20,000 and in default of payment thereof he was to undergo S.I. For six months. Benefit of section 382-B, Cr.P.C. Was extended to him. His co-accused Ghulam Muhammad was, however, acquitted from the charges through the same judgment. Convict Kharat Ali alias Khizar Abbas has challenged his convictions and sentences through this appeal. Case is also before us for confirmation of his death sentence. Both the matters are being disposed of through this judgment.
2. Story in brief, as narrated by Mst. Zarina Mai (P.W.2) in her statement Exh.P.A., on the basis of which F.I.R. Exh.P.A./1 was recorded, was that on 7-10-2003 at Maghrab Waila she along with her sons Mazhar Abbas and Qamar Abbas (P.W.4) was present at the house, her Khalazad Munawar Hussain (injured P.W.1) resident of Khaki Lakhi, District Jhang had come to see them; all the aforementioned persons were sitting on different cots in front of the house of Nasir Abbas; Kharat Ali accused armed with pistol came from the eastern side and made two fire shots of pistol at Nasir Abbas hitting him on the waist and left shoulder; Munawar Hussain P.W. Stepped forward for rescue of Nasir Abbas, whereupon Kharat Ali made two fire-shots which hit said Munawar Hussain on his right knee, and both the injured fell down on their respective cots; complainant and the P.Ws.
Rushed to the injured persons for their care but injured Nasir Abbas passed away there and then, whereupon Kharat Ali fled away from the sence of occurrence with his weapon of offence.
3. Motive, as alleged in the F.I.R., was that Nasir Abbas deceased had wrestling with Manzoor, uncle of accused Kharat and during the wrestling, his neck was broken by Nasir Abbas, hence Kharat committed the murder of Nasir Abbas with the abetment of his father Ghulam Muhammad.
4. Case was investigated, Ghulam Muhammad was found innocent and placed in column No,2 of the challan whereas Kharat Ali was found guilty. Challan was submitted, Ghulam Muhammad was also summoned by the trial Court, charge was framed, evidence of the prosecution was recorded.
5. At the conclusion of the prosecution evidence, statement of the appellant Kharat Ali as well as his acquitted co-accused Ghulam Muhammad under section 342, Cr.P.C. Was recorded, wherein they pleaded their innocence. They neither made their statement on oath under section 340(2), Cr.P.C. Nor produced any defence witness.
6. At the conclusion of the trial the learned trial Court acquitted Ghulam Muhammad from the charges, whereas convicted and sentenced Kharat Ali, appellant, as aforesaid.
7. At the out-set, Sahibzada Farooq Ali, Advocate, learned counsel for the appellant submitted that the appellant would not assail the conviction but he only seeks reduction in his sentence. He mainly argued on the point that deceased Nasir Abbas had broken the neck of Manzoor, uncle of the appellant, and as a consequence of that said Manzoor had died and as a revenge present appellant killed Nasir Abbas. Learned counsel relied on the cases reported as Muhammad Aslam alias Chhachhi v. The State 1982 SCM R 1029, Mehr Muhammad and another v. The State 1970 SCM R 688, Muhammad Aslam v. The State PLD 1985 SC 257 and Ghulam Abbas v. Mazher Abbas and another PLD 1991 SC 1059.
8. We have considered the contentions of the learned counsel for the appellant and gone through the case law cited before us by him. In the case of Muhammad Aslam PLD 1985 SC 257, father of accused Muhammad Aslam had been murdered by the deceased in the said case, and Muhammad Aslam murdered the deceased to avenge the murder of his father. Honourable Supreme Court keeping in view the facts and circumstances of the case had converted the death of the accused Muhammad Aslam into imprisonment for life. Similar was the situation in other case law cited by the learned counsel for the convict-appellant. In the case in hand also, the appellant had committed the murder of deceased Nasir Abbas to take revenge of the death of his uncle Manzoor Hussain whose neck was broken by deceased Nasir Abbas in wrestling and as a result of that Manzoor had died. The fact of revenge is also established from the case F.I.R. No,249 dated 9- 12-1992 which was lodged by Ghulam Muhammad (acquitted co-accused and father of the present appellant) for the murder of said Manzoor Hussain under sections 302/34, P.P.C. With Police Station Garh Maharaja against Nasir Abbas (deceased in the present case) and his brother Zulfiqar. The said case was tried by the learned Sessions Judge, Jhang, who at the conclusion of the trial vide judgment dated 18-10-1994 had acquitted both of them from the charge by giving benefit of doubt.
9. For the reasons discussed above the appeal is dismissed, but the sentence of death of the appellant is converted to imprisonment for life. Remaining sentences are maintained.
10. Death of the appellant is not confirmed.