Dost Muhammad and six others petitioners were tried under section 452/448/323/148/149, P.P.C. By Magistrate 1st Class, Bhaira on the charge that they after having made preparation to cause hurt, criminally entered into the house of Musthaq Ahmad P.W.1 and caused injuries to Islam-ud-Din P.W.
And Mst. Rukiya Begum. They denied the charge and claimed to be tried.
2. To prove its case, prosecution produced 8 witnesses. Mushtaq Ahmad P.W.1, Islam-ud-Din P.W.2, Muhammad Inayat P.W.3, Lal Din P.W.5 and Mst. Rukiya Begum P.W.7 have given the ocular account of the occurrence. They claim to have seen the petitioners entering into the house of the complainant and causing injuries to the injured P.Ws. Dr. Muhammad Javed P.W.8 medically examined the two injured witnesses. He found 7 injuries on the person of Islam--ud-Din and 3 injuries on the person of Mst. Rukiya Begum, all caused by blunt weapon and simple in nature. The rest of the evidence is of formal nature.
3. When examined under section 342, Cr.P.C. The petitioners denied all the incriminating circumstances. They produced no witness in defence.
4. The trial Court vide its judgment dated 29-12-1987 convicted the petitioners and sentenced them as under:--
(1) Under section 452, P.P.C. To one and a half years' R.I. And a fine of Rs.400.
(2) Under section 448, P.P.C. To six months' R.I. And a fine of Rs.200.
(3) Under section 323, P.P.C. To six months' R.I. And a fine of Rs.200.
(4) Under section 148, P.P.C. To three months' R.I. And a fine of Rs.100.
4. Strangely enough, the trial Court also convicted them under section 149, P.P.C. And sentenced them to 3 months' R.I. And a fine of Rs.100. All the sentences were to run consecutively. On appeal learned Additional District Judge, Sargodha upheld the convictions and sentences of the petitioners but made them concurrent.
5. Learned counsel for the petitioners has not challenged the conviction of the petitioners. He has requested for reduction in the sentence. In the circumstances, that the occurrence took place in the year 1984 that the petitioners were sent to jail thrice; that after the rejection of their appeal they remained in jail for two months and 18 days before they were released on bail by this Court in the revision petition; and that Azam and Munir, petitioners, had also received injuries during the occurrence at the hands of the complainant party, I feel that the agony of protracted trial coupled with the imprisonment suffered by them as undertrial prisoners and as convicts would meet the case. Disposed of accordingly.