RUSTAM S. SIDHWA, J.-Allah Bakhsh son of Muhammad, Dildar son of Allah Bakhsh, Zaman son of Ghulam Muhammad, Munir and Nazir sons of Zaman, Bashir and Ghulam Hussain sons of Taja and Nazir and Ghulam Hussain sons of Ziada were tried by Malik Akhtar Hassan, Sessions Judge, Sargodha, under section 302/307/148/149, P. P. C. For the double murder of Muhammad Shall and Ghulam Rasool deceased, attempt on the lives of Mehndi P. W. 9, Mirza P. W. I1 and Sardara (given- up P. W.) and for rioting. By this judgment dated 21st March, 1979, the learned Sessions Judge sentenced Allah Bakhsh and Ghulam Hussain son of Taja to suffer death and Munir to suffer life imprisonment under section 302/34, P. P. C. And all the accused to suffer two years' R. I. Under section 307/149 and two years' R. I. Under sec--tion 148, P. P. C. All the sentences were ordered to run concurrently. There was no order for payment of any compensation or fine. Being aggrieved by the said conviction and sentences, all the convicts preferred an appeal (Crl. A. No. 380 of 1979) to the High Court against the same and Muhammad Mehndi, complainant, being aggrieved by the acquittal of five convicts in respect of the charge under sections 302/149, P. P. C., filed a revision petition (Cr. R. No. 717 of 1979) for their conviction and sentences under the said sections both of which appeal and revision and the connected reference are-now before us for consideration.
2. The brief facts of the case, as submitted by Muhammad Mehndi P. W. In his F. I. R., are that they bad a dera for their cattle on the eastern fringe of the village, wherefrom after having tended their cattle at sunrise on 4th February, 1978, he alongwith his father Muhammad Shafi brothers Ghulam Rasul and Mirza and sister's husband Sardara P. W. Were coming to their residential house situate in the main village. On the way when they reached the saw-mills of Manzoor carpenter, they were challenged by the nine accused of whom Allah Bakhsh and Munir each had a gun ; Ghulam Hussain son of Taja and Ghulam Hussain son of Ziada each had a spear : Dildar a hatchet : and Nazir son of Zaman, Bashir, Nazir son of Ziada and Zaman had each a larhi. They were all inter- related and conjointly held out a lalkara threatening that they would avenge their insult and would not spare them. Allegedly Allah Bakhsh fired at the deceased Muhammad Shafi hitting him in his abdomen whereupon he fell down ; Munir fired at Ghulam Rasool hitting him on the front side of his legs : Ghulam Hussain son of Taja gave a spear blow on the left thigh of Ghulam Rasul ; Dildar gave the same injured a blow with his hatchet on his head, whereupon he tell down ; Ghulam Hussain son of Ziada gave a spear blow on the head of Muhammad Shafi when he had already fallen on the ground ; Nazir son of Ziada and Bashir gave lathi blows on the back of Muhammad Shafi, Ghulam Hussain son of Taja gave a spear blow on the back of Ghulam Rasul, Dildar gave hatchet blows, while Nazir son of Zaman and Zaman himself gave lathi blows to Sardara P. W. Including some on his head. Nazir son of Zaman gave a lathi blow to Mirza P. W. On his left hand when he intervened, and the other accused Bashir, Nazir son of Ziada and Zaman as well gave him lathi blows. Upon this the informant raised hue and cry and was fired at simultaneously by the accused Munir and Allah Bakhsh with their guns hitting him on his left upper arm, left flank, left hand and belly. He fell down. The occurrence according to him was seen besides the injured by Amir P. W. 12 and Mushtaq Hussain Shah (won over P. W.) who were nearby. On their alarm, the assailants left towards south with their weapons. The informant's father Muhammad Shafi and brother Ghulam Rasul succumbed to the injuries on the spot. The motive stated was that the accused Zaman suspected illicit relations between his daughter Mst. Kaneez and the deceased Ghulam Rasul. He stated further that the dead bodies were left in the care of Muhammad Bashir at the spot and he was brought to the Police Station, so as to lodge the F. I. R. Muhammad Mehndi P. W. 9 was brought on a cot to Police Station Bhera where he lodged F. I. R. Exh. P. E. At 9-30 a. m. Which was recorded by Karam Hussain Shah, S. 1. P. W.
15. The other two injured persons, namely, Mirza, P. W. 11 and Sardara (given up P. W.) were also brought to the police station. All three injured were sent to the hospital for medical examination after their injury statements were prepared. The Investigating Officer then reached the spot where he prepared the necessary papers. He also collected blood- stained earth from the place where Shafi deceased and Ghulam Rasool deceased had fallen and where Sardara (given-up P. W.), Mirza P. W. 11 and Mehndi P. W. 9 had sustained injuries, vide memos. P. G., P. H., P. J., P. K., and P. L. Respectively. He also recovered four empties P. 12/1-4 which he took into possession vide memo. Exh. P.M. All these recoveries were witnessed by Amir P. W. 12, Karam Hussain Shah S. I. P. W. 15 and Mushtaq (won over P. W.).
4. On 4th February, 1978 at 2 p.m. Dr. Muhammad Iqbal P. W. 13 conducted the post-mortem examination on the dead body of Shafi deceased and found the following injuries on the dead body :-
(1) Three fire-arm wounds JXj c.m. Each penetrating into abdominal cavity over the anterior surface of abdomen around the umblicus (Wounds of entrance).
(2) Two fire-arm wounds -- c.m. Each penetrating deep down over the anterior surface of right inguinal region.
(3) Four fire-arm wounds over the anterior surface of right thigh penetrating deep each with dimension of --x --c.m.
All the wounds were in an area of 12 c.m. x 12 c.m. With bruises all around. Right hip joint was fractured. All the wounds were the wounds of entrance.
(4) Three exit fire-arm wounds -- x -- c.m. Communicating anteriorly with the wounds of entrance over the Posterior surface of right buttock in the upper part.
(5) Three exit fire-arm wounds over the posterior surface of right buttock.
(6) An incised wound 2 c.m. x 1 c.m. x bone deep over the left parietal region posteriorly.
(7) A bruise 16 c.m. x 2 c.m. Over the posterior surface of left chest below the left shoulder transversely.
(8) A bruise 14 c.m. x 2 c.m. Above downward over the posterior surface of left chest in the upper part.
Peritonium was congested and perforated corresponding to the abdominal wound. There were various marks of perforation with con--gestion in the small intestines. In the opinion of the doctor, death had been caused by shock and haemorrhage which was the result of abdominal injuries causing perforation of small intestines. These were caused by Injuries Nos. 1 to 3. All the injuries were caused by fire-arm, which were ante-mortem and sufficient in the ordinary course to cause death. Injury No. 6 was caused by sharp-edged weapon, while Injuries Nos. 7 and 8 were caused by blunt object. Probable interval between injuries and death was about half an hour and that between death and post-mortem examination was about eight to nine hours.
4-A. On the same day Dr. Muhammad Iqbal P. W. 13 conducted the post-mortem examination on the dead body of Ghulam Rasool deceased and found the following injuries on his person :-
(1) A penetrating incised wound through and through 3 c.m. x 2 c.m, over the upper part of left thigh.
(2) An incised wound 7 c.m. x 2 c.m. x bone deep over the right side of frontal region of head.
(3) Multiple fire-arm wounds of small size pellets over the outer surface of left leg in the lower part.
(4) Multiple firearm wounds over the inner surface of right leg in the lower part.
(5) A linear abrasion over the posterior surface of right chest caused by sharp-edged pointed weapon.
Left thigh was congested. Muscle of the thigh was congested and cut. Left femor artery and veins were cut and congested. Six small pellets were removed from the leg and sealed in a phial. In the opinion of the doctor death was caused by shock and excessive haemorrhage which was the result of injury No. 1 causing perforation of left femoral, artery and veins. Injury No. 1 was caused by sharp-edged pointed weapon. Injury No. 1 was sufficient to cause death in the ordinary course of nature. Injuries Nos. 3 and 4 were caused by fire-arm. Injury No. 5 was caused by sharp-edged and pointed weapon. Interval between injuries and death was about half to one hour and between death and post-mortem examination about eight to nine hours.
5. On the same day the said doctor also examined Sardara (given up P. W.) and found two lacerated wounds, an incised wound, four bruises and a swelling on the head, right index finger, chest and right thigh. All the injuries were found to be simple and within the duration of five to six hours. Except the incised wound which was caused by a sharp-edged weapon, all the other injuries were declared to be caused by blunt weapon.
6. On the same day Dr. Muhammad lqbal P. W. 13 also examined Muhammad Mehndi P. W. 9 and found a number of fire-arm wounds (exceeding 7) on his left upper arm, left elbow, left fore-arm left, thumb, left chest and left lower abdomen. All the fire-arm injuries were found to be simple and to have been caused within the duration of five to six hours.
7. On the same day Dr. Muhammad Iqbal P. W. 13 also examined Mirza P. W. 13 and found an incised wound, a lacerated wound, four bruises, a haematoma and a swelling on the head, right and left chest, right shoulder and left little finger of the said witness. The injury on the left little finger was found to be grievous, whereas the rest were simple. Excepting the incised wound, which was caused by sharp-edged weapon, the others were by blunt weapon. All the injuries were caused within a duration of five to six hours.
8. On 7th February, 1978 at 3 a.m. Ghulam Hussain son of Ziada and Ghulam Hussain son of Taja were arrested by Karam Hussain Shah S. I. P. W.
15. The said two accused led to the recovery of blood-stained spears P. 13 and P. 14, which were taken into possession by the Police vide memos.
Exhs. P. N. And P. O. Respectively. The said recoveries were witnessed by Amir, P. W. 12, Karam Hussain Shah, S. I. P. W. 15 and Mushtaq (won over P. W.). The same day at noon Zaman, Bashir Ahmad, Dildar, Nazir son of Ziada and Nazir son of Zaman were produced by the lumbardar before Karam Hussain Shah, S. I., P. W. 15, who arrested them. Bashir Ahmad, Nazir son of Ziada, Nazir son of Zaman, and Dildar accused led to the recovery of blood-stained lathis P. 15, P. 16, P. 17, P. 1$ and blood-stained hatchet P. 19 respectively, which were taken into posses--sion by the police memos.
P. O., P. S., P. T. And P. U. Respectively. The said recoveries were effected in the presence of Amir, P. W.
12. Karam Hussain Shah, S. I., P. W. 15 and Mushtaq (won over P. W.).
9. On 9th February, 1978 Bashir Ahmad and Dildar accused were medically examined by Dr. Muhammad Iqbal P. W.
13. He found two lacerated scabbed abrasions and an ordinary abrasion on the forehead and face of Bashir Ahmad accused. All these injuries were simple and caused by blunt weapon within a duration of four to five days. He found two septic lacerated fire-arm wounds on the surface and the second of the right foot of Dildar accused, which were found to be simple and caused within a duration of four to five days.
10. On 8th February, 1978 Allah Bakhsh accused was arrested and he led to the recovery of his licensed gun P. 20 and its licence P. 21, which were taken into possession by the Police vide memo., Exh. P. V. Which recoveries were witnessed by Amir P. W. 12, Karam Hussain Shah S. 1. P. W. 15 and Mushtaq (won over P. W.)
11. On 26th April, 1978 Munir accused was arrested from his Unit at Sakesar. He led to the recovery of his licensed gun Exh. P. 10 and its licence P. 11 which were taken into possession by the police vide memo. Exh. P. W., which recoveries were witnessed by Mehndi P. W. 9, Mirza P. W. I1 and Sarfraz Khan S. I., P. W. 14.
12. The blood-stained earth and the weapons, i.e. Spears, dangs and hatchet, which were sent to the Chemical Examine: and Serologist for examination were found to be stained with human blood.
Likwise, the crime empties and the two guns which were sent to the Forensic Science Laboratory for examination showed that the three crime empties had been fired from the gun P. 20 of Allah Bakhsh accused and one crime empty had been fired from the gun P. 10 of Munir accused.
13. After completing the investigation, the challan against the accused was sent up.
14. At the trial, the prosecution produced Mehndi P. W. 9 to prove the motive, the said witness. Mirza P. W. 11 and Amir P. W. 12 in proof of the ocular testimony, the said three witnesses Sarfraz Khan S. I. P.
W. 15 and Karam Hussain Shah, S. 1. P. W. 15, in support of the recoveries and Dr. Muhammad lqbal P.
W. 13 to corroborate the medical testimony. At the trial Dildar and Zaman accused admitted the occur--rence and claimed that on 4th February, 1978 at sunrise when they were going to ease themselves, they saw the deceased Ghulam Rasool with an objectionable condition with Mst.
Kaneez, the daughter of Zaman accused, near the spot, they got provoked and caused injuries to him and when they were returning they were attacked by all the nine accused, out of whom Shafi deceased fired at him. They further stated that many people from both sides came out and in the melee Ghulam Rasool and Muhammad Shafi deceased persons and Mirza, Mebndi and Sardara, P.
Ws. Were injured. They also submitted that the other seven co-accused were not with them Bashir Ahmad pleaded alibi and led evidence to show that be was present in a Court of a Magistrate at Bhalwal vide document Exh. D. C. The remaining six accused totally denied the occurrence and the recoveries.
The learned trial Judge, relying upon the motive, the ocular testimony, the recoveries and the medical evidence held the incident to be proved and convicted and sentenced the accused, as stated in para. 1 above.
15. We have heard the arguments of the learned counsel for the appellants, the complainant and the State and have also perused the record. The evidence as regards motive in this case is furnished by Mehndi P. W.
9. According to his evidence, the appellants suspected the deceased Ghulam Rasool of having illicit relations with Ust. Kaneez daughter of Zaman appellant. According to his cross-examination, the suspicion about the illicit intimacy arose about three to four months before the occurrence. No cross-examination was directed to any of the prosecution witnesses to show that the motive, as suggested, was untrue. On the contrary, attempts were made to show that the house of Mst. Kaneez was close to the spot, in order to lay the ground for the plea defence as set up by two of the appellants. The plea of self-defence 'A raised by Dildar and Zaman appellants indirectly establishes the motive.)
The motive, therefore, fully stands proved on the record.
16. Before dealing with the ocular account it is necessary to set out the relationship which the prosecution witnesses bear with each other and with some of the appellants. Muhammad Shafi deceased is father of Mehndi P. W. 9, Ghulam Rasul deceased and Mirza P. W.
11. Sardara (given up P. W.) is sister's husband of Mehndi P. W. And Amir P. W. Is his khalazad. The accused Munir and Nazir being sons of Zaman accused are real brothers. Nazir and Ghulam Hussain accused sons of Ziada are real brothers. Bashir and Ghulam Hussain accused sons of Taja are real brothers. Dildar accused is son of Allah Bakbsh accused. The accused Zaman is Pitrair of the accused Allah Bakhsh.
Mst. Zeran daughter of Zaman accused is wife of Ghulam Hussain accused son of Taja. Mst. Fatima, a stepsister of Allah Bakhah accused is married to Lala son of Zaman, accused. Mst. Anwar Bibi, a niece of Zaman accused is wife of Ghulam Hussain accused son of Ziada. Mst. Kaneez daughter of Zaman accused is betrothed with Dildar accused. Mst. Rasulan, another daughter of Zaman accused is engaged with Bashir accused son of Taja. Mst. Mahri is the wife of Amir P. W. 12, Mst.
Rasulan is wife of Allah Bakhsh accused. She is also real sister of the wife of Amir P. W. Dildar accused is son of Allah Bakhsh from Mst. Rasulan. Mst. Fatima is also a sister of Amir's wife, Mst.
Anwar is the bhanjee of Amir's wife, being the daughter of the said Mst. Fatima. Mst. Anwar aforesaid is wife of Ghulam Hussain accused son of Ziada.
17. The ocular account in this case is furnished by Mehndi P. W.
9. Mirza P. W. 11 andAmir P. W. 12.
Mehndi P. W. 9 is the son of Shafi deceased, Mirza P. W. 11 is the brother of Mehndi P. W. 9 and Amir P.
W. 12 is a nephew of Shafi deceased. Sardara P. W. Who was brother---in-law of Mehndi P. W. 9 was given up being an imbecile whereas Mushtaq Hussain Shah P. W. Was given up as having been won over. The occurrence is not denied by Dildar and Zaman appellants, though the story put up by them is different. They even admit the presence of Muhammad Shafi deceased. Ghulam Rasool deceased, Mehndi P. W. 9, Mirza P. W. 11 and Sardara (given up P. W.). The only question, therefore, that arises is whether, after keeping in juxtaposition the version of the prosecution and the defence plea of two of the appellants, the evidence on the record establishes the case of the prosecution or leads to the reasonable inference that the case as set up by the two appellants is probable or true.
The eye-witnesses are natural witnesses. Mehndi P. W. 9 and Mirza P. W. 11 were accompanying their deceased father Muhammad Shafi and their deceased brother Ghulam Rasool to their house from their dera, when the occurrence took place. Amir P. W. 12 was coming back to his house after easing himself in the field and was at a distance of thirty karams from the spot. The fact that they were able to see and identify the culprits is beyond question. Amir P. W. 12, though a nephew of Shafi deceased, is also related to the appellants. Other than the suspicion which the appellants harboured about Ghulam Rasool deceased about his having illicit relations with Mst. Kaneez, which had developed four months prior to the incident in question, the atmosphere between the parties was otherwise cordial. None of the witnesses, therefore, have any motive to falsely implicate any of the appellants. The number and nature of injuries on the two sides clearly show that the version as given by the prosecution is true. Muhammad Shafi deceased had nine fire-arm wounds of entry, one incised wound and two bruises on his person. Ghulam Rasool deceased had multiple fire-arm wounds, two incised wounds and an abrasion on his person. Sardara (given up P. W.) had one incised wound, two lacerated wounds, four bruises and a swelling on his body. Mehndi P. W. 9 had multiple fire-arm wounds on his person and Mirza P. W. 11 had an incised wound, a lacerated wound, four bruises, a haematoma and a fracture on his person. As against this Bashir Ahmad appellant had two lacerated scabbed and one ordinary abrasion on his person and Dildar appellant had two septic lacerated fire-arm wounds on his person, all of which were minor, but otherwise contemporaneous in point of time with the injuries sustained by the complainant party.
According to the prosecution version the appellant group were armed with two guns, two spears, one hatchet and four lathis, whereas according to the defence plea of two of the appellants, four members of the complainant party attacked them, but the weapons carried by them are not mentioned except that of Muhammad Shafi deceased, who is stated to have carried a gun and fired at Dildar appellant. From the number and nature of injuries on the complainant party, the case of the prosecution appears to be true and correct. It was urged by the learned counsel for the appellants that Amir P. W. 12 did not see the occurrence, as he was residing in the northern portion of the village whereas the occurrence took place in the southern portion, but it has not been brought out in cross-examination that the two portions are far from each other. Amir P. W. Is equally related to both the parties and has no particular enmity with the appellants to pose himself as an eye-witness. As against the prosecution version, the case of Dildar and Zaman appellants is that when they were going to ease themselves before sunrise on 4th February, 1978, they saw Ghulam Rasul in an objectionable position with Mst. Kaneez (daughter of Zaman appellant) and they got provoked and caused injuries to him. When they were returning they were attacked by Muhammad Shafi deceased. Mehndi P. W. 9, Mirza P. W. 11 and Sardara (given-up P. W.) and that Muhammad Shafi deceased was armed with a gun. He challenged Zaman appellant that the death of his son would not end the matter and that he would place the appellant's daughter Mst.
Kaneez under his other sons for sexual act. Muhammad Shafi deceased fired at them injuring Dildar appellant in the meantime many people from both sides came from the abadi and in the melee Ghulam Rasul and Muhammad Shafi deceased and Mirza. Mehndi and Sardara P. Ws. Were injured. In the first instance, as already stated above, the number and nature of injuries on both the groups does not support the case of the defence. Further, it appears rather strange that Mst.
Kaneez and Ghulam Rasul deceased would be found in an objection--able position on a katcha road close to the abadi, where the occurrence took place. If they were looking for an opportunity to make love, a open thoroughfare was the last place. They could have used the dera of Zaman appellant, which was only a few karama; further away. It seems rather strange that Ghulam Rasul was apprehended and done to death, but Mst. Kaneez Fatima was neither apprehended nor physicallh punished. Had the incident taken place, as alleged by the appellants, there was no reason why Muhammad Shafi deceased should have bee murdered and Mehndi P. W. 9, Mirza P. W.
11 and Sardara (given-u P. W.) injured. The story of the defence is palpably untrue and must be rejected. The prosecution story is not only convincing and true but supported by natural witnesses who have no reason to concoct a fals story or falsely implicate any of the appellants. The ocular account must, therefore, be accepted.
18. The prosecution version also finds corroboration from the medical testimony and there coveries.
The post-mortem reports relating to Muhammad Shafi and Ghulam Rasul deceased and the medico-legal reports relating to Mehndi P. W. 9, Mirza P. W. 11 and Sardara (given u P. W.) conclusively show that guns, spears, hatchet and lathis were use4 The overt acts attributed by the eye-witnesses to the different appellant stand fully corroborated by the medical testimony. The number and nature of injuries on the deceased and the injured prosecution witnesses show that the number of appellants and the type of weapons used by them as alleged were required for an attack of the kind described by the prosecution. The recoveries of the weapons of offence is proved by Amir P. W. 12 and Karam Hussain Shah, S. I. P. W.
15. As stated earlier, Amir P. W. Is also closely related to Allah Bakbsh, Dildar and Ghulam Hussain appellants. The recovery of blood-stained weapons of offence at the instance of Ghulam Hussain son of Ziada, Ghulam Hussain son of Taja, Zaman. Nazir son of Ziada, Bashir, Nazir son of Zaman and Dildar, which were found to be blood- stained, lends further corroboration to the prosecution story. The recovery of guns at the instance of Allah Bakhsh and Munir appellants, which were found to match with the crime empties recovery, from the spot, also acts as corroborative evidence against these appellants. The medical testimony and the recoveries, therefore, fully corroborate the prosecution case, vis-a-vis each appellant.
19. The upshot of the above discussion is that the case against the appellants stands fully established and that the convictions recorded by the learned Sessions Judge, Sargodha, against Allah Bakhsh, Ghulam, Hussain son of Taja and Munir appellants under section 302/34, P. P. C and against all the appellants under section 148, P. P. C. Is correct, bur that recorded against all the appellants under section 307/149, P. P. C. Appears to be uncalled for. Regarding the conviction recorded under section 307/149, P. P. C. We do not think it probable that all of the appel--lants wanted or attempted to murder all the members of the complainant party. The probability that all the appellants, excepting the three who, have been found guilty under section 30264, P. P. C. At worst wanted to cause grievous hurt, appears to be more realistic in the circumstances. We would, therefore, alter the conviction of all the appellants from one under section 307/149, P. P. C. To that under section 324/149, P. P. C As regards the sentences of death imposed on Allah Bakhsh and Ghulam Hussain son of Taja appellants, the same appear to be excessive, consider--ing that these two appellants had acted in the supposed vindication of family honour. We would, therefore, reduce their sentences to life imprisonment each on each of the two counts. They shall also pay fine of Rs. 5,000 each in default thereof suffer further one year's R. I. Each on each of the two counts.
The sentence of life imprisonment imposed on Munir appellant-is-maintained. No fine has been imposed on him. He shall also pay a fine of Rs. 5,000 or in default undergo further rigorous imprisonment for one year. The fines, if any recovered from these three appellants, shall be paid to the heirs of Muhammad Shafi and Ghulam Rasool deceased in equal shares. The sentences awarded to the appellants under sections-324/149 and 148, P. P. C. Is reduced to that already under--gone by them under sections 307/149 and 148. P. P. C. Respectively. All the sentences shall run concurrently.
20. No good grounds appear for the conviction of Bashir Ahmad, Ghulam Hussain, Dildar, Zaman, Nazir son of Ziada and Nazir son of Zaman appellants under section 302/149, P. P. C. As held earlier, they did not share the common intention of Allah Bakhsh, Ghulam Hussain son of Taja and Munir appellants to murder any of the members of the complainant party. They never acted in prosecution of any such common object. The revision petition, therefore, has no merit.
21. For the foregoing reasons this appeal is partly accepted. The conviction of Allah Bakhsh, Ghulam Hussain son of Taja and Munir appel--lants under section 302134, P. P. C. Is maintained. Allah Bakhsh and Ghulam Hussain son of Taja appellants are sentenced to life imprisonment each on each of the two counts and are also directed to pay a fine of Rs. 5,000 each on each of the two counts or in default of payment to undergo further rigorous imprisonment for one year each on each of the two counts. The death sentences of Allah Bakhsh and Ghulam Hussain son of Taja, appellants, are not confirmed. The sentence of life imprisonment awarded to Munir appellant is maintained. He shall also pay a fine of Rs. 5,000 or in default suffer further rigorous imprisonment for one year. The fines, if any recovered from these three appellants, shall be paid as compensation to the heirs of Muhammad Shafi deceased and Ghulam Rasool deceased in equal shares. The conviction of all the appellants recorded under section 307/149, P. P. C. Is altered to that under sec- -tion 324/149, P. P. C. And their sentences are reduced to the periods of detention already undergone by them under section 307/149, P. P. C. The conviction of all the appellants under section 148, P. P. C. Is maintained, but their sentences are reduced to that already undergone. All the sentences shall run concurrently. Dildar, Zaman, Bashir, Nazir sons of Zaman and Ghulam Hussain and Nazir sons of Ziada, appellants, are on bail. Their bail bonds shall stand discharged. There being no merit in the revision petition, the same is dismissed in limine.