Haider and Amiro appellants--- alongwith Yaqub, Maluk, Abdul Karim and Imam Bux (acquitted accused) stood trial for offences under sections 148, 307/149, P. P. C. In the Court of Sessions Judge, Dadu. The learned Sessions Judge by his judg--ment dated 1-5-1967, convicted Haider and Amiro under sec--tion 307/34, P. P. C. And sentenced each of them to three years' R. I. And a fine of Rs. 500 each or in default to suffer further six months' R. I. Each. It was also ordered that the fine if realised be paid to the injured Madad Ali. The other four accused were acquitted. Haider and Amiro have come up on appeal.
2. On 20-9-1965, P. W.
1. Madad Ali, his brother Haji Sher Muhammad (P. W. 2) and his brother-in-law Ismail (not examined) had come from their village to the Civil Hospital, Mehar to ask about the health of P; W.
3. Haji Rahimdino, who was admitted in the hospital for treatment of some injuries. At about 3 p.m. The same day Madad Ali, Haji Sher Muhammad and Ismail left the hospital. Madad Ali and Ismail went towards the Lorry Stand, while Haji Sher Muhammad went to offer his Zuhar prayers in the mosque. Near the Lorry Stand Haider and Amiro appellants with two other assailants, whom Madad Ali could not identify, gave hatchet blows to Madad Ali, who fell down injured. Sher Muhammad P. W. Heard the alarm in the mosque. He rushed to the scene of the occurrence and saw Amir and Haider appellants giving hatchet blows to Madad Ali. Ismail was also at the spot.
Many other people had also collected. The motive, as stated at the trial, is that Madad Ali and his brother Sher Muhammad have dispute with the appellants over some matri--monial affairs and also on some land. Sher Muhammad lodged by the F. I. R. Exh. 7 at Police Station, Mehar on the same day at 16-55 hours. He charged Haider, Amiro, Yaqub, and Maluk for inflicting hatchet injuries with sharp side on his brother Madad Ali. The F. I. R. Was scribed by P. W. 6 Muhammad Yusaf S.H.O.
The S.H.O. Proceeded to the wardat, which was near the Bus Stand, Mehar, and inspected the same.
Ali Murad, H. C. (P. W. 5) arrested Haider and Amiro appellants on 21-9-1965.
3. Dr. Musharaf Hussain examined the injuries of Madad Ali on 20-9-65 and found the following :-
(1) One oblique incised wound 5" x 1/2" x 3/4" on the back of the lower part of the left side of the chest.
(2) One oblique incised wound, 3/4" x 1/4" x 1" on the left side of the back of the chest, 1" medial to the upper end of the medial border of the left scapula.
(3) One oblique incised wound, 2--" x 1/2' x 1--" on the back of the neck, causing fracture of 6th and 7th cervicle vertebrae.
(4) One oblique incised wound 1--" x. 1/4-- x 1/2" on the back of the right side of the neck.
(5) One oblique incised wound, 3--" x 1-- x 1--" on the back of the right scapula causing fracture of the right scapula.
(6) One oblique incised wound, 3" x 1 /4" x bone deep on the middle of the frontal bone causing fracture of the frontal bone.
(7) One oblique incised wound, 2--' x 1/4" x 1/2" on the right side of the neck.
(8) One oblique incised -wound, 2-- ' x 1 /4" x 1" on the right shoulder, l-- to the right of injury No. 7.
(9) One oblique incised wound, 3 --" x 1 --" x 2" on the right side of the lower 1/3 of the right thigh.
(10) One oblique bruise l-- " x 1/2" on the dorsum of the left hand.
The doctor opined that all the injuries were caused by a sharp cutting weapon such as hatchet except injury No. 10 which was caused by blunt weapon like lathi or back of hatchet. Injuries 3, 5, 6 and 9 were declared grievous in nature while the rest of the injuries were opined to be simple in nature. Madad Ali remained in Dadu Hospital up to 20-10-65.
4. The two appellants at the trial denied the charge and alleged false implication on account of enmity. No evidence in defence was produced by the appellants.
5. P. W. 2 Sher Muhammad, brother of Madad Ali injured (P. W. 1) lodged the F. I. R. In the F. I. R. Sher Muhammad charged the two appellants besides Yaqub and Maluk for inflicting hatchet injuries on the person of Madad Ali. At the trial P. W. 2 Sher Muhammad charged Amiro and Haider appellants only for giving hatchet blows to Madad Ali. Madad Ali the injured wit--ness charged Haider and Amiro appellants besides two other whom he could not know for giving hatchet blows to him. In cross-examination P. W. Madad Ali stated that Amiro and Haider were in front of him when they gave him blows, the other two assailants were towards his back and, therefore, he could not see them at the time of the occurrence. He further added that Amiro gave him blows at his back, arms and leg while Haider gave him blows on his leg and other parts of the body. It appears incredible to expect that Madad Ali while surrounded by four assailants would be able to find out specific blows given by each of the assailants on different parts of the body. As earlier stated, Madad Ali has charged the two appellants and two other unidentified persons for inflicting hatchet injuries on him. It will, therefore, be safe dispensation of criminal justice to give the two appellants the benefit of doubt with regard to the in--fliction of grievous injuries on the person of Madad Ali. I, there--fore, alter the conviction of the two appellants from that under section 307/34 to a lesser offence under section 324/34, P. P. C.
6. Now we come to the question of sentence. The offence was committed on 20-9-65. The appellants were on bail during the trial till their conviction on 1-5-67 when they were remanded to jail. They remained in jail until ordered to be released on bail by this Court on 11-7-67. The appellants have thus suffered about two months and ten days of the sentence of imprisonment.
This appeal has been heard today after about two years and 11 months. Under these circumstances the sentence already under-- gone will be sufficient to meet the ends of justice. I, therefore, partially accept the appeal, alter the conviction of the appellants 307/34, P. P. C. To that under section 324/34, P. P. C. And sentence them to imprisonment they have already undergone and a fine of Rs. 500 or in default to undergo six months' further R. I., each. The fine, if realized, be paid to Madad Ali injured.
7. The appellants are on bail but not present. They are discharged from their bail bonds. The fine imposed be realized in accordance with law.