M.A. ZAFAR, J. - Brief facts of the case are that the petitioner, who is an accused in case F.I.R. No. 513/2001, dated 26.12.2001 for offence under Sections 324/337-F(iii)/337-L(ii)/148/149, PPC registered with Police Station Tatlay Aali District Gujranwala was convicted and sentenced by learned Trial Magistrate vide judgment dated 17.4.2008 as under:- Under Section 324. PPC Three years R.I. With fine of Rs. 20,000/- and in default whereof to further undergone four months simple imprisonment.
Under Section 337-F(iii). PPC Daman of Rs. 5000/- with one year's R.I.
The sentences were ordered to run concurrently.
2. Feeling aggrieved from the judgment passed by the learned Magistrate Gujranwala, the petitioner filed an appeal in the Court of Sessions and' the learned Add). Sessions Judge vide judgment dated 28.6.2008 dismissed the same alongwith criminal revision filed by Khalid Mehmood complainant for enhancement of sentence of the petitioner.
3. As per prosecution case, a written application dated 24.12.2001 was presented on 26.12.2001 before the SHO Police Station Tatlay Aali, District Gujranwala alleging therein that the complainant was resident of Mohallah Dinpur Gadian, Tatley Aali and administrator of Madrassa Faiz-ul- Islam, Adda Tatley-Aali. A dispute had been continuing between him and Ashraf son of Wali Muhammad about the rent of the shop of Madrassa. On the previous evening at about 5:00 p.m., when complainant alongwith persons of his Jamaat was present in his Madrassa, Ashraf armed with rifle alongwith Wali Muhammad, Sharif Shah, Aslam armed with rifle, Tariq armed with Mouzer, Asim @ Aasoo armed with pistol, Yaseen armed with rifle and Safdar armed with shot gun 12-bore came in the Ahata of mosque. Wali Muhammad and Sharif Shah raised Lalkara that Maulvis be captured and taught a lesson for demanding the rent of the shop. Upon this, Ashraf made fire shot hitting complainant's brother Sajid on the shin of his left leg. The complainant and others rushed into the mosque for rescue. The above-armed persons made firing in the air for about fifteen minutes, spreading a sense of terror. Wali Muhammad and Sharif Shah captured Niaz Din in the process of firing and started manhandling him through fist blows. His alarm attracted Hafiz Abdul Latif and Abdul Wakeel, who also witnessed the occurrence and managed the return of the accused through request.
4. After usual investigation, the petitioner alongwith others was challaned placing his name in column No. 3. After framing of charge, learned Trial Court examined PW-1 Dr. Nawazish Ali, who deposed about the injuries of Sajid injured and had issued MLC Ex.PA and final report Ex.PB Whereby the injury was declared to be Jurh Ghair Jaifah Hashma. PW-2 Mubashar Hussain deposed about the recovery of rifle 7-MM effected from the petitioner on 25.6.2006. PW-3 Sahibzada Farid Ahmed SMO/Tehsil Headquarter Hospital Kamonki about the medical examination of Niaz injured and issuance of MLC Ex.PD. Peer Mushtaq Ahmed, SI PW-4 recoded formal F.I.R. Ex.PE and prepared rough site plan Ex.PF. PW-5 Muhammad Ishfaq, SI effected the recovery of rifle 7-MM from Yasin accused on 16.6.2002 and Ashraf petitioner on 16.6.2002 and 25.6.2002 respectively through recovery memo. Ex.PB and Ex.PC. PW-6 Khalid Mehmood complainant, PW-7 Abdul Latif and PW-8 Abdul Wakeel eye-witnesses of the alleged occurrence, deposed about the same. Both the injured namely Sajid and Qari Niaz Din appeared as PW-9 and PW-10 and deposed about the occurrence.
After close of prosecution evidence, the statement of the petitioner under Section 342, Cr.P.C. Was recorded, who denied the allegations. Learned Trial Court acquitted Wali Muhammad, Muhammad Sharif, Muhammad Tariq, Muhammad Shafiq and Muhammad Aslam co-accused but convicted and sentenced the present petitioner as detailed above.
5. Learned counsel for the petitioner after arguing the case at some length has not pressed this petition and has prayed for reduction of sentence, rightly so, as there is testimony of five eye- witnesses including two injured and the injuries on their persons are supported by the medical evidence produced by the prosecution. Both the Courts below have concurrently held him guilty.
6. The case was registered 26.12.2001. The petitioner after being arrested was sent to jail on 26.6.2002 and on bail being granted, he was released from jail on 3.9.2002. The petitioner was convicted on 17.4.2008 by learned Trial Court and since then he is in custody. The petitioner also earned remissions of two months and 26 days as per report of the Superintendent Central Jail Gujranwala. The petitioner has faced the agony of trial and appeal, the occurrence relates to the year 2001, therefore, the sentence of imprisonment already undergone by the petitioner will meet the ends of justice. The sentence of fine and Daman awarded by the learned Courts below are also maintained. However, the sentence of fine is converted into compensation to be paid to Sajjad Shah injured PW in addition to amount of Daman.