1. JAVID IQBAL, J.--Criminal Petition for Leave to Appeal No.59 of 1984 has been filed by Abdul Salam petitioner against his conviction and sentence and Criminal Petition for Leave to Appeal No.61 of 1984 has been filed by Faqir Muhammad petitioner-complainant for enhancement of sentence of Abdul Salam and against acquittal of his co-accused namely Bashir Ahmed, Mushtaq Ahmad, Khalid Mahmood, Maqsood Ahmad and Muhammad Iqbal. Since these are connected matters, they are being taken up and disposed of together.
2. Briefly the facts are that Abdul Salam petitioner alongwith Bashir Ahmad, Mushtaq Ahmad, Khalid Mahmood, Maqsood Ahmad and Muhammad Iqbal were tried by the Additional Sessions Judge Faisalabad under section 302/307/149/148, PP.C for the murder of Muhammad Afzal and for murderous assault on Abdul Abbas P.W. And Muhammad Aslam P.W. And vide judgment dated 3rd February, 1982 Abdul Salam petitioner, Bashir Ahmad, Mushtaq Ahr.Iad, Khalid Mahmood and Maqsood Ahmad were sentenced to imprisonment for life plus fine under section 302/149, P.P.C.
3. They were sentenced to 5 years' R.I. Plus fine under section 307/149, P.P.C. And they were also sentenced to 2 years' R.I. Each under section 148, P. P. C . Muhammad Iqbal was however acquitted.
4. In appeal before the Lahore High Court Lahore conviction and sentence under section 302, P.P.C.
5. Only of Abdul Salam petitioner were maintained although his conviction under section 307, P.P.C.
6. Was altered to section 324, P.P.C. And sentence reduced to 3 years' R.I. But so far as Bashir Ahmad, Mushtaq Ahmad, Khalid Mahmood and Maqsood Ahmad were concerned their convictions and sentences under section 302/ 307/ 148, P. P. C . Were set aside. However, each of them was instead convicted under section 324, P.P.C. And sentence to 3 years' R.I. Plus fine. Their sentence of imprisonment was treated as already undergone and thus they were released from jail. .
7. The occurrence took place on 24th December, 1979 in Chak No.475/GB at 'A' distance of 6 miles from Police Station Samundari, District Faisalabad. The F.I.R. Was lodged by Fateh Muhammad P.W.
8. At about 8 p.m. On the same day and it was recorded by Abdur Rehman S.1. P.W. All the members of the accused party were arrested on 2nd January, 1980. At the instance of Abdul Salam petitioner was recovered a human blood-stained knife on 11th January, 1980. According to the medical evidence the deceased in this case had a stab wound on the back of outer side of left half of chest.
9. His 11th rib was cut. He was medically examined on 24th December, 1979 but died on 30th December, 1979 of the said injury which was sufficient to cause death in the ordinary course of nature and had been caused with a sharp-edged weapon. This sole injury on the person of the deceased is specifically attributed to Abdul Salam petitioner. No one else caused any injury to him.
10. Again according to the medical evidence Abdul Abbas P.W. Had four injuries on his person, two stab wounds on the chest, one incised wound on the right side of the forehead and one contused wound on the left mastoid. The last injury was caused with blunt weapon while the rest with sharp- edged weapon. Two injuries were declared as simple and two on the chest were kept under observation out of which one was subsequently declared as grievous. Muhammad Aslam P.W. Had a stab wound on the left loin. This injury was caused with a sharp-edged weapon.
11. The eye-witnesses of the occurrence were Fateh Muhammad complainant who has died, Abdul Abbas injured P.W., Muhammad Aslam another injured P.W. And Niaz Din P.W. Muhammad Sarwar were not produced. The motive as set up by the prosecution was that Muhammad Iqbal acquitted co-accused wanted to take revenge from Abdul Abbas P.W. For the insult inflicted upon him in connection with BD Elections and the Election of Chairman and that he had conspired with the other members of the accused party for the commission of the instant crime but this motive has not been proved.
12. According to the prosecution version Abdul Abbas P.W. Was running a sugar depot in the village.
13. Abdul Salam petitioner and Mushtaq Ahmad with some other co-villagers made an application to the Food Grain Department against him alleging misdistribution of the sugar quota. As a result the Food Inspector Rana Zafar and Assistant Food Controller came to the village for holding an inquiry.
14. While the inquiry proceedings were being held in the village, it is alleged that two of the members of the accused party namely Mushtaq Ahmad and Bashir Ahmad started abusing stating that Abdul Abbas P.W Depot-holder was making a false statement. This led to an altercation between the parties and as a result the officers of the Food Department and other people ran away from the spot. Then Abdul Salam petitioner gave a knife blow on the left side of the chest of Muhammad Afzal deceased. Thereafter, Maqsood Ahmad gave a knife blow to Muhammad Aslam P.W. And both of them fell down. Then Mushtaq Ahmad, Bashir Ahmad and Abdul Salam petitioner gave blows with their respective knives to Abdul Abbas P.W. Whereas Khalid Mahmood inflicted a lathi blow to him on the head. He also fell down. The occurrence was witnessed besides Muhammad Aslam and Abdul Abbas injured P.Ws., by Fateh Muhammad complainant and Niaz Din P.W. In the impugned judgment the finding of the learned Judge of the High Court is that Abdul Abbas and Muhammad Aslam P.Ws. Were both injured in the course of the occurrence and, therefore, their presence on the spot could not be doubted. Niaz Din P.W. Was an independent eye-witness whose testimony was lending support to the testimony of Abdul Abbas and Muhammad Aslam P.Ws. The medical evidence was further supporting the ocular version and thus it was evident that the accused party had attacked the complainant side while the inquiry proceedings were going on in the village on the complaint against Abdul Abbas P.W. Depot-holder. Abdul Salam petitioner is the only person who has been attributed the fatal blow to the deceased. He has also stated to have inflicted a knife blow to Abdul Abbas P.W The other members of the accused party did not cause any injury to the deceased. The appellate Court was, therefore, correct to arrive at the conclusion that each one of the accused party was to be individually liable for his act. According to the prosecution Mushtaq Ahmad, Bashir Ahmad and Maqsood Ahmad were armed with knives and Khalid Mahmood was armed with Dang. They are said to have inflicted injuries to Abdul Abbas and Muhammad Aslam P.Ws. Although there is one grievous injury on the person of Abdul Abbas P.W.
15. But it is not specifically attributed to any one of them. All the other injuries are simple. Since the affair was sudden and the bulk of the injuries caused to the two P.Ws. Attributed to Bashir Ahmad, Mushtaq Ahmad, Khalid Mahmood and Maqsood Ahmad were simple and the one grievous injury was not specifically attributed to any one of them, in our view there was justification on the part of the appellate Court to set aside their conviction and sentence awarded to each of them by the trial Court under section 302/307/149/148, P.P.C. And in stead to convict each of them under section 324, P.P.C. And to sentence them there under.) So far as Abdul Salam petitioner is concerned, again the appellate Court was correct in maintaining his conviction and sentence under section 302, P.P.C.
16. Learned counsel for Abdul Salam petitioner in Criminal Petition for Leave to Appeal No.59 of 1984 attempted to argue that it was a sudden fight and that the complainant side had attacked the accused side. But in our view his argument has no persuasive value. If it was a sudden flare up then the trial Court as well as the appellate' Court had already taken a lenient view by awarding lesser penalty to Abdul Salam petitioner. In our view, therefore, no interference is, called for in the impugned judgment of the Lahore High Court Lahore in maintaining the conviction as well as sentence awarded to Abdul Salam petitioner. On the other hand we have carefully examined the contentions raised in Criminal Petition for Leave to Appeal No. 61 of 1984 on behalf of Faqir Muhammad petitioner-complainant, but in our opinion in the light of the above discussion no case is made out for enhancement of sentence awarded to Abdul Salam petitioner and against acquittal of Bashir Ahmad, Mushtaq Ahmad, Khalid Mahmood, Maqsood Ahmad and Muhammad Iqbal of charges under section 302/307/149/148, P.P.C. In that view of the matter we do not find any substance in this petition. The result is that both Petitions for Leave to Appeals Nos. 59 and 61 of 1984 are hereby dismissed.