The instant appeal has been filed by Muhammad Azam Sajjad alias Chand, appellant against the judgment dated 19.05.2016, passed by the learned Addl. Sessions Judge, Sambrial in case F1RNo. 76 dated 07.05.2013, offence under Sections 302, 324 and 34, PPC, registered at Police Station Airport District Sialkot, whereby he has been convicted and sentenced as under:- "28. So, I therefore, hereby convict to the accused Muhammad Azam Sajjad alias Chand and sentence him under Section 302(b) of P.P.C. read with Section 34, PPC for Rigorous Imprisonment of Life. The accused Muhammad &tad alias Chand shall also pay compensation of Rs. 1,00,000/- to the legal heirs of the deceased Usman as provided u/S. 544-A, Cr .P.C., failing which he shall have to further undergo Simple Imprisonment for one year"
29. I hereby also convict to the accused Muhammad Azam Sajjad alias Chand and sentence him under Section 324 of P.P.0 for Rigorous Imprisonment of 10-Years, alongwith fine of Rs. 50000/- and in case, of failure, to pay the fine, accused shall have to further undergo under simple imprisonment of six months.
30. All the sentences shall run concurrently . However , the accused Muhammad Azam Sajjad alias Chand would be entitled to the benefit of Section 382-B, Cr ,P.C.
2. Precisely , the facts of the case are that the appellant alongwith his co-accused committed the murder of Usman (deceased) and caused injuries to Badar alias Badri (PW.3), Muhammad Jameel and Maqsood alias Sahail According to the contents of FIR, Muhammad Azam Sajjad alias Chand (appellant) inflicted dagger blow on the belly of Badar alias Badri.
3. I have heard the learned counsel for the parties as well as the learned Law Of ficer and perused the record.
4. Undisputedly , Muhammad Azam Sajjad alias Chand (appellant) did not cause any injury on:the person of Usman (deceased) as well as Muhammad Jameel and Maqsood alias Sohail, injured and that allegation was confined to the extent of Haji Qasim co-accused of the appellant. In the FIR as well as before the learned trial Court it was the case of prosecution that the appellant caused only one injury with dagger on the abdomen of Badar alias Badri (PW.3). In these circumstances, particularly when there is no evidence available on record regarding sharing of common intention by the present appellant with his co-accused namely Haji Qasim (since PO), I had found it difficult to sustain the conviction and sentence of the appellant vis-a-viz the murder of Usman who had not been harmed by the present appellant at all. Reliance is placed on case law titled as "Manzoor Ahmed Shah and others vs. The State and others" (2019 SCMR 2000 )". In view of the above I am of the considered opinion that the learned trial Court was not justified in convicting and sentencing the appellant for the offence under Section 302, PPC read with Section 34, PPC, therefore, the same are set aside. So far as offence under Section 324, PPC is concerned, learned counsel for the appellant submits the injury attributed to the appellant allegedly caused by him on the person of Bader alias Badri (PW.3) was not declared by the doctor which fact has been conceded by learned Law Officer as well as learned counsel for the complainant. Learned counsel for the appellant further submits that he does not press the conviction of the appellant under Section 324, PPC but has requested for reduction of his sentence awarded by the learned trial Court to that already undergone by him. On the other hand, learned Law Officer as well as learned counsel for the complainant has no objection for reduction of sentence of the appellant in of fence under Section 324; PPC.
5. Considering the facts of this case, the agony of trial faced by the appellant, the injury attributed to the appellant was not declared and with the consent of the learned Law Officer as well as learned counsel for the complainant, while maintaining the conviction of the appellant in offence under Section 324, PPC his sentence of ten years said offence is reduced to that already undergone by him. Fine amounting to Rs. 50,00 0/- awarded by the learned trial Court is reduced to Rs. 5,000/-, and the sentence in default whereof is also reduced from six months to one month.
Benefit of Section 382-B, Cr .P.C. is extended to the appellant.
6. With the above said modification in the impugned judgment, this appeal is disposed of.
7. Before parting with this judgment, it is clarified that the observations recorded in this judgment are relevant only for the disposal of this appeal which shall not influence the learned trial Court in any manner whatsoever in case of arrest and trial of Haji Qasim co accused of the appellant who was proclaimed offender at the time of pronouncement of the impugned judgment.