The appellant, Muhammad Asghar aged 25 years resident of Chak No. 37/N. B, was tried alongwith other co-accused by Mr. Muhammad Mohsan Sherazi, Judicial Magistrate Section 30. Sargodba, under section 307/34, P. P: C. And also separately under section 13 of the, Arms Ordinance, 1965.
2. The charge against him was that he attempted the murder of Nawab Khan P. W. And Jahangir P.
W. On 27th February, 1979 at 12-00 noon at Platform No. 2 Railway Station, Sargodha. He was also found in possession of unlicensed carbine type revolver, and also empty and live cartridges.
3. The learned trial Magistrate vide his judgment dated 5th May, 1981 convicted under section 307, P.
P. C. And sentenced him to 5 years' R. I. And a fine of Rs. 2,000 or in default to 6 month's' R. I. Karam Elahi co-accused was absconding and thus proceeded against under section 512, Cr. P. C. The other two co-accused namely, Rab Nawaz and Mst. Saleh Khatoon were, however acquitted.
4. In the case under Arms Ordinance, Muhammad Asghar was convicted under section 1.3 of the Arms Ordinance, 1965, and sentenced to 2 years' R. I. In that case he preferred Jail Appeal before the learned Court of Session at Sargodha and the learned Additional Sessions Judge, vide his judgment dated 27th August, 1981 dismissed his appeal. He has impugned the aforesaid judgment of the learned Additional Sessions Judge, Sargodha, also through Criminal Revision No. 405 of 1982.
5. Both the matters, viz. The appeal and also the criminal revision shall be disposed of by this judgment.
6. Nawab Khan (P. W. 7) who was posted as A. S. I., Karachi, came to the Railway Station, Sargodha at Platform No. 2 on 27th February, 1979 to board Super Express train accompanied by his relations Sardar Khan, Murtaza, Jahangir, and some ladies. Asghar Khan appellant, Rab Nawaz. Saleh Khatoon and Karam Elahi, absconder, came there accompanied by two Police Constables in search of some absconder. Constable enquired from Nawab Khan P. W. About his identity who disclosed that he was an A. S. I. Posted at Karachi. Karam Elahi opened fire at Nawab Khan at the behest of Saleh Khatoon. One of the Constables accompanying him overpowered him. Asghar appellant also fired with his carbine but he too was apprehended alongwith his carbine and cartridges at the Railway Station.
7. As for the motive, it is alleged that Ajmal, the brother of Karam Elahi accused was murdered and the said accused suspected that Nawab Khan had hand in that murder.
8. Nawab Khan who was injured at the hand of Karam Elahi during the present occurrence as also Jahangir who too received a fire arm-injury, were medically examined. Muhammad Sarwar, A. S. I., recorded the statement Exh. P. G. Of Nawab Khan in the hospital and on the basis of that statement formal F. I. R. Exh. P. G./ I was recorded.
9. Rashid Ahmad Head Constable (P. W. 1), Muhammad Latif S. I. Watch and Ward (P. W. 2), Muhammad F. C. (P. W. 3), Inayat Ali Quli, Railway Station, Sargodha (P. W. 4), Nawab Khan, the injured (P. W. 7), Murtaza (P. W. 8) and Jahangir another witness (P. W. 9) had been examined at the trial as eye-witnesses. Dr. Muhammad Khan (P. W. 10) medically examined Nawab Khan and Jahangir on 27th February, 1979. He noticed 6 fire-arm injuries on the person of Nawab Khan and 1 fire-arm injury on the person of Jahangir. Muhammad Sarwar (P. W. 11) is the Investigating Officer.
10. The appellant denied having attempted the murder of Nawab Khan and Jahangir. He also denied the recoveries of the unlicensed revolver and cartridges from his possession. He maintained that at the time of occurrence, he had come to the Railway Station to see off his friends and that on the basis of suspicion he was apprehended by the Police.
11. Apart from Nawab Khan and Murtaza, the injured P. Ws., all other eye-witnesses were employed at the Railway Station Sargodha. P. W. 4 Inayat Ali is a Quli while the rest are Police officials. Their presence at time of occurrence is quite natural. These witnesses are quite independent and have no animosity whatsoever against the appellant. It is fully established from their testimonies that the unlicensed revolve and cartridges were recovered from the appellant at time of occurrence. He was overpowered and arrested after he had fired at Nawab and Jahangir with his revolver after the apprehension of the absconding CO- a accused Karam Elahi. This of course is doubtful that as a result of his fire Jahangir P. W. Received the injury. The aforementioned eye-witnesses Nawab Khan and Jahangir have stated that the cartridges fired by Asghar appellant proved, to be ineffective.
The fait, however, remains that he in an attempt to murder Nawab Khan and Asgar fired at them but the same proved to be ineffective. He is, therefore, guilty of the offence of attempted murder punishable under section 307; P. P. C. No exception, in the circumstances, can be taken to his conviction under section 307,) P. P. C. As recorded by the learned trial Magistrate.
12. As regards the sentence, as already observed, his fire proved to be ineffective and in his case, therefore, 5 years' R. I. Appears to be rather harsh. 3 years' R. I. Appears to be quite compatible with the circumstances of the case.
13. In this view of the matter, appeal is partly accepted inasmuch as that while the conviction of the appellant under section 307, P. P. C. Is upheld but his sentence is reduced from 5 years to 3 years' R.
I. Although the fine imposed on him by the learned trial Magistrate and the i6prisonment to be suffered in default thereof are maintained. It is further directed that while computing his sentence, he shall be extended the benefit under section 382-B, Cr. P. C.
14. As already observed, recovery of unlicensed revolver and cartridges is fully proved against the appellant, therefore, his revision fails and is dismissed. However, the sentence awarded in the case under Arms Ordinance shall run concurrently with the sentence awarded under section 307, P. P. C.