Petitioner Khalas Khan alias Ikhlas Khan was tried on the charges under Sections 324, 337-D, 337-F(iii), PPC P.S Daud Khel, District Mianwali by learned Magistrate Section 30, in case FIR No. 16 dated 28.01.2018 registered at Police Statiori Daud Khel, District Mianwali.
2. On conclusion of trial, petitioner was convicted by learned Magistrate vide judgment dated 19.02.2020 and was sentenced as under:--
(i) Under Section 324-PPC with R.I for a period of 05 years alongwith fine of Rs. 20,000/- in default of payment of the fine, he shall further undergo simple imprisonment for a period of 02-Months.
(ii) Under Section 337-D, PPC with R.I for a period of 05 years alongwith Arsh 1/3rd of Diyat Rs. 6,45,198/- (as per notification dated 01.07.2017 for the year 2017-18 which shall be paid to the victim Asmat Ullah Khan as per Section 337-X, PPC as compensation for the hurt caused to him and in case of default, the convict shall be kept in jail as S.I until the same is paid in full (for Injuries No. 1 & 2).
(iii) Under Section 337-F(iii), PPC with R.-I for a period of 01 year alongwith Daman Rs. 50,000/- to be paid to the victim as compensation of the expenses he incurred on his treatment. In case of default regarding the payment of Daman, the convict shall be kept in jail as S.I until the same is paid in full (for Injury No. 3).
Benefit under Section 382-B, PPC was extended to the petitioner . All the sentence (sic) ordered in run concurrently .
4. Appeal against conviction preferred by petitioner was dismissed by learned Additional Sessions Judge, Mianwali vide judgment dated 18.06.2020.
5. After hearing learning counsel for the petitioner and going through the impugned judgments, it has been noticed that FIR was registered on the complaint (Ex.P .A) made by Barkat Ullah Khan complainant (PW-1). Allegation against the petitioner is that on 28.01.2018 at about 4: 00 P.M he while armed with pistol 30 bore came in the ground situated near the house of Muhammad Rafique son of Ahmad Khan for wali-ball match and raised lalkara to Asmat Ullah complainant's brother and made straight fire shot which hit on his back and also hit on right leg while crossing his belly .
Injured PW-2 Asmat Ullah Khan was medically examined by Dr. Agha Mubaraz Medical Officer. PW-1 Barkat Ullah Khan (complainant) is brother of injured PW-4 Muhammad Tahir SI got registered FIR (Ex. PC) PW-5 Muhammad Javed Iqbal ASI conducted investigation. PW-6 Fateh Khan 1288/C handed over blood stained clothes of the injured to the I.0 which were received by him from Medical Officer and the same were taken into police custody through recovery memo (Ex.P .E). All the witnesses appeared before the Court and got recorded their statements in clear terms giving detail of occurrence. Despite lengthy and searching cross examin ation on eye witnesses, nothing favourable to the defence could be surfaced as they all remained consistent on material points indicating their presence at the relevant time. Crime weapon was also recovered from the petitioner .
6. For the above reasons, findings of conviction recorded by learned trial Court and upheld by learned Appellate Court are in line with evidence available on record. Learned counsel has not been able C to point out any illegality or irregularity in the impugned Judgments. Revision Petition in hand being devoid of merits is, dismissed in limine.