CH. ABDUL AZIZ, J.---Vide judgment dated 20.03.2017 learned Additional Sessions Judge-I, Pakpattan Sharif in a trial held in private complaint titled as "Zafar lqbal v. Abdul Ghafoor and 6 others" arising out of case FIR No.187/2012 registered under sections 302, 148, 149, 337-F(iii), 337-F(i), 337-A(i), P.P.C. at Police Station Chakbedi proceeded to convict and sentence appellants, namely, Abdul Ghafoor, Noor Ahmad, Ghulam Mustafa, Ghulam Murtaza and Habib in the following terms:-
(I) M. Abdul Ghafoor (appellant)
(i) Under section 302(b), P.P.C. to suffer death sentence for committing the murder of Muhammad Yasin (deceased) with direction to pay Rs.2,00,000/- as compensation to the legal heirs of deceased as provided under section 544-A of Cr.P.C. and in default whereof to undergo simple imprisonment for six months.
(ii) Under sections 148/149, P. P.C. to suffer rigorous imprisonment for two years.
(2) Noor Ahmad (appellant)
(i) Under section 302(b), P.P.C. to suffer imprisonment for life for committing the murder of Muhammad Yasin (deceased) with direction to pay Rs.1,00,000/- as compensation to the legal heirs of deceased as provided under section 544-A of Cr. P. C. and in default whereof to undergo simple imprisonment for six months.
(ii) Under sections 148/149, P.P.C. to suffer rigorous imprisonment for two years.
(3) Ghulam Murtaza (appellant)
(1) Under section 336, P.P.C. to suffer rigorous imprisonment for five years. He was also ordered to pay Rs. 1,50,000/- as Arsh to injured Subah Sadiq.
(ii) Under section 324, P. P. C. to suffer rigorous imprisonment for five years with fine of Rs.10,000/- and in default whereof to further undergo SI for two months.
(iii) Under sections 148/149, P.P.C. to suffer rigorous imprisonment for two years.
(4) Ghulam Mustafa (appellant)
(i) Under section 337-A(i), P. P. C. to suffer rigorous imprisonment for one year with Daman of Rs.
30,000/-
(ii) Under section 337-F(iii), P.P.C. to suffer rigorous imprisonment for two years with Daman of Rs.
30,000.
(iii) Under section 324, P. P.C. to suffer rigorous imprisonment for five years with fine of Rs. 10,000/- and in default whereof to further undergo SI for two months.
(iv) Under sections 148/149, P.P. C. to suffer rigorous imprisonment for two years.
(5) Habib (appellant)
(i) Under section 337-F(i), P. P. C. to suffer rigorous imprisonment for one year along with Daman of Rs.20,000/- on two counts to the legal heirs of Asadullah deceased.
(ii) Under section 324, P.P.C. to suffer rigorous imprisonment for five years with fine of Rs.10,000/- and in default whereof to further undergo SI for two months.
(iii) Under sections 148/149, P.P.C. to suffer rigorous imprisonment for two years.
All the sentences awarded to the above-said appellants were ordered to run concurrently. Benefit of section 382-B, Cr.P.C.' was also extended to the appellants.
Challenging their conviction and sentence, appellants, namely, Abdul Ghafoor, Noor Ahmad, Ghulam Mustafa, Ghulam Murtaza and Habib filed Criminal Appeal No.750 of 2017, whereas complainant Zafar lqbal filed Criminal Revision No.27127 of 2017 (for the enhancement of sentence of respondents Noor Ahmad, Ghulam Mustafa, Ghulam Murtaza and Habib) and PSLA No.27128 of 2017 (against the acquittal of respondents Ghulam Mustafa, Ghulam Murtaza and Habib from certain offences). Likewise, the trial court sent reference under section 374, Cr.P.C. which was numbered as Murder Reference No.261 of 2017 for the confirmation or otherwise of death sentence awarded to Abdul Ghafoor (convict). Since all these matters are inter se connected, hence are being disposed of through this single judgment.
2. Arguments heard. Record perused.
3. It is discernable from record that the impugned judgment was passed by the learned trial court in the second round of litigation. Earlier, the appellants were handed down guilty verdict by the learned Additional Sessions Judge, Pakpattan Sharif vide judgment dated 29.10.2015. The appellants assailed their conviction through Criminal Appeal No.3264 of 2015 and Criminal Appeal No.2303 of 2015. Both these appeals came up for hearing before a learned Division Bench of this Court along with Murder Reference No.31 of 2016. After noticing an incurable anomaly in the judgment dated 29.10.2015 passed by learned Additional Sessions Judge, the conviction awarded to appellants was set-aside and the matter was remanded for re-writing of judgment. For the clarity of proposition, an extract from the judgment dated 02.02.2017 passed by this Court is being reproduced hereunder:- "As the impugned judgment passed by the learned trial court is not in consonance with the judicial as well as statutory directions, hence, such illegality is not curable under section 537, Cr. P.
C. In such a situation, this Court is not left with any other option but to remand the matter to the learned trial court for re-writing of judgment. Consequently, the conviction and sentence of the appellants is set aside and the matter is remanded to the learned trial court with the direction to re-write the judgment within one month after the receipt of copy of this order and while doing so the learned trial court will give its finding with regard to acquittal or conviction of each accused persons with reference to the offences with which they were charged. During this period, the appellants shall be deemed as under trial prisoners".
In consequence of afore-mentioned observation, though the judgment was re-written by the trial court but unfortunately no heed was paid to remove the lacuna observed by the learned Division Bench. It is noticed that in the impugned judgment dated 20.03.2017 the learned trial court convicted Abdul Ghafoor and Noor Ahmed (appellants) under section 302(b), P.P.C. and awarded them death sentence and imprisonment for life respectively. Similarly, they were also convicted under section 148/149, P.P.C. and sentenced to undergo rigorous imprisonment for two years. We have observed that charge against the A appellants though was also framed under sections 324, 337-A(i), 337-F(i) and 337-F(iii), P.P.C. on 25.10.2014, however, the judgment impugned herein is silent qua the acquittal or conviction of Abdul Ghafoor and Noor Ahmad (appellants) in these sections. As a necessary corollary it is held that the impugned judgment dated 20.03.2017 is against the mandate of section 367, Cr.P.C. as well as in absolute disregard of our observations contained in judgment dated 02.02.2017 whereby the case was remanded for rewriting of judgment. In the foregoing circumstances, with the consensus of both sides the conviction awarded to the appellants is set-aside and the case is again remanded to the trial court for rewriting of judgment. While doing so the learned trial court shall give its finding with regard to acquittal or conviction of each accused persons with reference to the offences with which they were charged.
Learned Sessions Judge, Pakpattan Sharif is directed to ensure re-writing of judgment within fifteen days from the receipt of copy of this judgment, without fail. During this period, the appellants shall be deemed as under trial prisoners.
4. In the above terms, Criminal Appeal No.750 of 2017, Criminal Revision No.27127 of 2017 and PSLA No.27128 of 2017 are disposed of. Resultantly Murder Reference No.261 of 2017 is answered in the NEGATIVE and Death Sentence awarded to Abdul Ghafoor (convict) is NOT CONFIRMED.
5. While parting with this judgment, we consider it appropriate to observe here that the case is arising out of crime report which was registered on 25.04.2012 and is being remanded for re-writing of judgment due to the sheer negligence of the learned trial court. A pressing need is felt to direct the office of this Court that if any appeal against conviction is filed by the appellants after fresh finding of the trial court, the same will be treated as if pertaining to the year 2017. Accordingly, the appeal against conviction and murder reference, if any, will be fixed in the Court for some earlier date.