Sultan Muhammad appellant was convicted lay learned Magistrate Section 30, Attock, on 16th June, 1981, under section 307, P. P. C. And sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 2,000 or in default in payment of fine to undergo .Simple imprisonment for six months. It was further ordered that half of the fine, if recovered, shall be paid to Khizar Hayat, the injured witness as compensation under section 544-A, Cr. P. C. It was further ordered that the sentence shall be reckoned from the date of his arrest, i.e., 11th Match, 1981. Muhammad 'Bashir do- accused was given the 'benefit of doubt and acquitted of the charge. Dissatisfied with the judgment of the learned Magistrate, Sultan Muhammad filed the present appeal.
2. The parties are related to each other. Sultan Muhammad appel--lant and Muhammad Bashir acquitted accused are uterine brothers. Muhammad Bashir wanted to marry Mst. Kausar Bihi, the daughter of his maternal uncle Anwar Khan. Mst. Kausar Bibi was father's sister's daughter of Khizar Hayat complainant. The complainant and his father had not approved of the said proposal and they were hurdle in the way of the said marriage. Police took up security proceedings between the parties Muhammad Bashir and Anwar Khan on one side while Khizar Hayat, his brother Shaukat Khan, father Shekhi Khan and uncle Muhammad Amin were proceeded against from the other side.
The case was fixed before Magistrate First Class, Pindi Gheb, on 13th March, 1981. The parties effected a compromise and they were discharged. After Court proceedings, Khizar Hayat complainant and others got down from the bus at bus stand Khaur. The complainant went to the bazar for making purchases while his father left for his village. When the complainant, reached near the house of Muhammad Yousaf, Sultan Muhammad appellant and Muhammad Bashir came out of the ambush and challenge to the complainant, Muhammad Bashir acquitted accused can hold of the complainant while Sultan Muhammad appellant inflicted him knife blows on the abdomen and chest. The complainant raised noise, which attracted Muhammad Iqbal (P. W. 2), Muhammad Nawaz (P. W. 6) and Muzaffar Khan (not produced). The said witnesses saw the occurrence. The appel--lant and his co-accused fled away.
Khizar Hayat complainant was taken to Civil Hospital, Pindi Gheb as he was in a serious condition.
Shah Jahan, A. S.-I. Police Post, Khaur, on coming to know of the occurrence, reached Civil Hospital, Pindi Gheb and recorded the statement of Khizar Hayat complainant on 11th March, 1981 at 5-30 p. m. On the basis of this statement, formal F. I. R. Was recorded. The police took into possession the blood-stained clothes of the complainant. The appellant . Was . Arrested and .Interrogated. On 18th March, 1981, he produced blood-stained knife from his house, which was taken into possession vide memo. Exh. P. W. 3/A.The appellant was challaned after investigation.
3. Khizar Hayat (P. W. 1) fully supported the case. MuhammadIqbal (P. W. 2) and Muhammad Nawaz (P, W. 6) corroborated his state--ment. Dr. Muhammad Afzal, medically examined Khizar Hayat on 11th March, 1981, at about 4-30 p. m. And found three injuries on his person. Injury No. 1 was an incised wound on the left of umblicus. Omentum were seen coming out, Injury No. 2 was an incised wound on the left side of the chest. Injury No. 3 .Was an incised wound on the right flank. Omentum were coming out of the wound. Injuries Nos. 1 and 2 were declared grievous in nature.
4. Muhammad Bashir acquitted accused denied his participation in the occurrence. Sultan Muhammad appellant admitted to have caused injuries to the complainant but according to, him, he had caused injuries in self-defence. Due to his statement, the matter had become simple. He produced Niaz Ali in defence, who stated that in his presence, the complainant and appellant exchanged abuses and grappled with each other and the complainant felled the appellant and the appellant caused injuries to the complainant with knife. He further stated that Anwar and Karam also reached the spot and they separated the complainant and the appel--lant. He further deposed that Muhammad Bashir was not present at the spot. Anwar and Karam were not examined in defence. The appellant had taken up the plea of self-defence. The sole point for determination was as to whether or not the said right had accrued to him. Admittedly, Khizar Hayat complainant was empty-handed and he had not caused any injury to the appellant. Even according to the appellant, the abuses were exchanged and the complainant felled him on the ground. This did not give him any right to inflict three injuries with knife on the vital part of the body.
Even from the statement of the appellant, the right of self defence of person had not accrued. The version given by Khizar Ilayat complainant sounded correct. His version received support from then medical evidence, motive and the statements of MuhammadIqbal and' Muhammad Nawaz P. Ws.
Who had no motive to make false statements against the appellant. The statement of the complainant was recorded within two hours of the occurrence. There was no time for deliberation and concoction of a false version. The case was fully proved against the appellant and he was rightly convicted. The sentence of five year: and fine of Rs. 2,000 would meet the ends of justice in this case. While dismiss--ing the appeal of Sultan Muhammad, his sentence is reduced from seven years' rigorous imprisonment to five years' rigorous imprisonment. The sentence of fine is maintained and in default in payment of fine, he shall suffer sentence as ordered by the trial Court.
The entire amount of fine, if recovered, shall be paid to Khizar Hayat complainant.