' CH. MUHAMMAD TARIQ, J.---By this consolidated judgment, I intend to decide Criminal Revision No,47 of 2010 filed by Muhammad Saeed accused and criminal appeal against acquittal bearing (Criminal Appeal No,32 of 2010) filed by Ahmad Khan complainant against the acquittal of respondents Nos. 1 to 3 which have arisen out of the judgment dated 23-11-2009 passed by Mr. Waqar Ahmad Sidhu, learned Judicial Magistrate, Ist-Class, Talagang in case F.I.R. No,139 dated 14- 7-2008 for offences under sections 337-F(VI)/34 P.P.C., registered with Police Station Saddar Talagang District Chakwal.
2. According to the impugned judgment, Muhammad 'Saeed accused was convicted and sentenced under section 337-F(vi), P.P.C. To undergo 3 years' R.I. As Tazeer and Daman of Rs,75,000.
The benefit of section 382-B, Cr.P.C. Was also extended to the accused while accused Muhammad Akhtar, Muhammad Nazeer and Muhammad Ameer were acquitted.
3. Brief facts of the case are that on 14-7-2008 at about 1-20 p.m., Ahmad Khan son of Mehdi Khan complainant/injured recorded his statement that on the day of occurrence at about 10-00 a.m.
When he was ploughing his land, Muhammad Saeed, Muhammad Akhtar, Muhammad Nazeer and Muhammad Ameer all came with hatchet and they raised lalkara that they will teach lesson to him. Muhammad Akhtar caught hold of the complainant and Muhammad Saeed made a straight blow of hatchet; which hit on the left shoulder of the complainant. The complainant fell down and all the four accused persons made blows of hatchets, which hit on different parts of his body. Upon hue and cry of the complainant, Hasham Khan and wife of the complainant came to rescue the complainant and the accused fled away.
4. The motive behind the occurrence was land dispute.
5. Thereafter, formal charge was framed and prosecution produced his evidence and after completion of lawful proceedings, the learned trial Court vide its order dated 23-11-2009 convicted Muhammad Saeed under section 337-F(vi), P.P.C. And sentenced him for 3 years' R.I. As Tazeer with Daman of Rs,75,000. The benefit of section 382-B, Cr.P.C. Was also extended. The complainant filed a Criminal Revision for the enhancement of the sentence but it was dismissed by the learned Additional Sessions Judge, Talagang vide order dated 14-1-2010.
6. Arguments heard. Record perused.
7. So far as appeal against acquittal is concerned, the prosecution has failed to prove its case beyond any shadow of doubt against the accused persons namely Muhammad Akhtar, Muhammad Ameer and Muhammad Nazeer, double presumption of innocence is attached to the persons who have been acquitted after facing the trial, therefore, appeal against acquittal is without substance and is liable to be dismissed.
8. However, so far as the case of accused Muhammad Saeed is concerned, he was nominated in the F.I.R. With specific role and he inflicted a hatchet injury on the person of Ahmad Khan complainant. The ocular account is corroborated with the medical evidence and despite lengthy cross-examination, defence has failed to put a dent in prosecution case but since the appellant is a young man who is previously non-convict and has undergone imprisonment for one year and nine months, taking a lenient view, the conviction and sentence awarded to the appellant Muhammad Saeed is modified to the extent of period already undergone. So far as the amount of Daman of Rs,75,000 is concerned, learned counsel for the appellant has not advanced any arguments in this respect. The injured remained in hospital for treatment for more than 17 days. So the conviction and sentence to the extent of payment Daman is maintained. Appeal dismissed.