This is a revision petition filed by Munir Iqbal and Abdul Razaq, petitioners, against the judgment of the learned Sessions Judge, Jhelum, dated 8th August, 1972 dismissing their appeal. Earlier, a First Class Magistrate of Chakwal, by his judgment dated 19 April; 1972 had convicted the petitioners under section 307/34, P. P. C. And sentenced them to two years, R. I. Each and to pay a fine of Rs.
500 each or, in default to undergo further R. I. For a period of six months each. Out of the fine, if realised, Rs. 300 was awarded to Zubair Shah P. W. And Rs. 200 to Muhammad Yar P. W. As compensation.
2. The brief facts of the case are that the complainant party belong to ---Breilvi--- School of thought while the accused party follow the teachings of ---Deobandi--- School of thought. On 5th September, 1968 Mohammad Ilyas P. W. Arranged 'Milad Sharif' in a plot adjacent to his house and invited Maulvi Noori Qasoori. This plot is situated near Masjid Madni managed by Qazi Mazhar Hussain mentioned above. When Qazi Mazhar Hussain came to know of this, he also announced holding of a meeting the same day. Sh. Mohammad Ilyas approached Qazi Mazhar Hussain for some amicable settlement. 1t was agreed that both the parties should not hold meetings at these places. As Maulvi Noori Qasoori had arrived the complainant party held ---Milad Sharif--- in Sunhri Masjid, Chakwal. In this Milad, Maulvi Noori Qasoori is reported to have passed some harsh remarks against the Deobandi sect. The ---Milad--- ended at about midnight. After the termination of this meeting, Mohammad Zubair Shah, Mohammad Anwar Shah, Mohammad Yar, etc. Were going back to their homes and when they reached near the building of Khawaja Israrul Haq in Chakwal Town, the accused persons mentioned above, who were hiding themselves near a wall, emerged with lathis and attacked Syed Mohammad Zubair Shah and others and injured three of them. Afterth the occurrence, the injured persons were removed to the Civil Hospital. The Police arrived in the Hospital and recorded the statement of Mohammad Anwar Shah P. W. On the basis of which the present case was registered against the accused and they were challaned after due investigation.
3. I need not go into the merits of the case as the learned counsel for the petitioners has not challenged the conviction or addressed any arguments with regard to the merits of the case. He has only made a submission with regard to the question of sentence, namely, that the offence falls under section 325/34, P. P. C. And that the sentence should be reduced.
4. As the learned counsel for the petitioners has trade a statement that he does not challenge the conviction of the petitioners and he has not argued the case on the merits at all, I need not deal with the merits of the case qua the participation of the petitioners in the incident in question. The learned counsel has only made a statement with regard to the nature of the offence committed and the sentence to be awarded in respect of the same. According to the learned counsel, both the petitioners were armed with lathis and at best they only wanted to cause grievous hurt and it was not their intention to murder anyone.
5. I have given my anxious consideration to this case. From the evidence of Mohammad Anwar Shah P. W. 1, Mohammad Zubair Shah I'. W. 2, Mohammad Yar P. W. 3, Haji Mohammad Saleh P. W. 4, Abdul Razaq P. W.
6. Najeeb Ullah P. W. 7 and Pir Bakhsh P. W. 8, it nowhere appears that Qazi Mazhar Hussain of the Breilvi sect exhorted the peti--tioner or his- companions to murder anyone or that the said persons attempted to do so. It appears that Maulvi Noori Qasoori of the Breilvi sect, who held the ---Milad Sharif--- in Sunheri Masjid, which excited the members of that sect including the petitioners, to beat some of the members of the Breilvi party, other than this, there appears to be no motive or any enmity from which, it can be said that the petitioners or their companions wanted to murder anyone. Apart, from the two petitioners, there were five other persons also, who beat up Mohammad Zubair Shah P. W. 2, Mohammad Yar P. W. 3 and Haji Mohammad Saleh P. W.
4. Mohammad Zubair Shah P. W. 2 had l I injuries on his person, of which one on the ulna bone was grievous. The remaining 10 of which 4 were on the head, were simple.
Mohammad Saleh P. W. 4 had one grievous and one simple injury ; the grievous injury being on the arm. No sharp-edged weapons A were used. Had there been any intention to murder some members of the Breilvi sect, the petitioners and their companions would have armed them--selves with sharp-edged weapons. For all these reasons, it appears that the offence committed is one under section 325/34, P. P. C. And not one under section 307/34, P. P. C.
6. As regards the sentence to be awarded to the petitioners, it appears that the petitioners were arrested on 6th September, 1968 and bailed out by the trial Magistrate on 19th October, 1968. Later, they were arrested on 19th April, 1972, when the Magistrate convicted them, and they were bailed out by the Sessions Court on 20th April, 1972. Finally, they were again taken into custody on 8th August, 1972 when their appeal was dismissed and were granted bail by this Court on 18th August, 1972 when their revi--sion petition was admitted. In short both the petitioners have suffered one month and thirteen days' detention each as under-trial 'prisoners and eleven days' detention each as convicts. They have thus suffered total detention of one month and 24 days each. This revision petition, which 'was filed in 1972, has now come up for hearing after almost eight years. During this period, the petitioners have suffered the agony of its apprehended dismissal, which alone is sufficient mental' torture and punishment. Taking all these facts into consideration, the ends of justice would be met if the sentence of the petitioners is reduced to that already undergone, subject to their paying a higher fine, which should be imposes on them.
7. For the foregoing reasons, this petition is partly accepted and the conviction of the petitioners is altered from that under section 307134, P. P. C. To one under section 325/34, P. P. C. Both the petitioners are sentenced to the periods of detention already undergone by them and to pay a fine of rupees one thousand (Rs. 1.000) each or, in default of pay. Ment of fine, to suffer R. I. For six months each. Out of the fine, if realised. Mohammad Zubair Shah P. W., Mohammad Yar, P. W. And Haji Mohammad Saleh P. W. Shall be paid Rs. 500 each as compensation. The petitioners are on bail. Their bail bonds shall stand discharged subject to their paying the fine.