Humayun appellant alongwith Ijaz, Ghulam Hussain alias Guloo, Shehzad alias Billoo, Muhammad Ishaq, Safdar and Khalid Pervaiz accused were tried by Magistrate Section 30, Faisalabad who vide judgment, dated 18-12-1989 convicted the appellant under sec. On 307, P.P.C. And sentenced him to 7 years' R.I. With a fine of Rs.5,000 or in default thereof one year's R.I. Ijaz was convicted under section 324, P.P.C. And the others acquitted. Only the appellant has impugned his conviction and sentence.
2. The occurrence took place on 27-4-1987 at 10-30 a.m. And the matter was reported to the police on the same day at 1-05 p.m. By Khalid Javaid (P.W.3). The version given was that at the fateful time, the complainant alongwith his brother Tahir Javaid (P.W.1) and their father Javaid Iqbal (P.W.
Since dead) were going to Jinnah Colony to fetch medicine and when they reached in Street No.11 near the house of one Nazir, the appellant armed with a .12 bore Carbine alongwith his co-accused assaulted them. The appellant opened the attack by firing and hitting Tapir Javaid (P.W.1) in the face, chest, neck, right eye, mouth and nose. The motive given was that 415 months before the occurrence, the complainant anal the appellant had an ordinary fight, the appellant was abused but the people of the locality had affected compromise between them.
3. The appellant in his statement at the close of the trial ascribed his involvement to enmity.
According to him, he was going to his house, on the pathway firing was going on where Javaid Iqbal, Khalid and Tahir Javaid P.Ws. Were present armed with guns, Tahir was firing, his (Tapir Javaid's) father caught hold of the gun and this hit Tahir Javaid. He further stated that he ran and snatched the gun from Javaid Iqbal and produced the same at the police station on the very day, but on the next day he was involved in the case. Defence evidence was also led.
4. Learned counsel for the appellant from a weak wicket contended that no case was proved against the appellant. While going through the evidence, the contention must be rejected. If Javaid Iqbal alongwith his sons i.e. Tapir Javaid and Khalid Javaid were firing and Tapir was injured as a result thereof, what on earth the appellant had to do to poke his nose to snatch the gun from Javaid Iqbal I and to produce before the police as claimed by him. The prosecution case was supported in detail by Tahir Javaid, the injured P.W., and Khalid Javaid (P.W.3). They have been cross-examined to the effect that their family was involved in narcotics cases they were narcotics pedlars, but as to the main occurrence their credit has not been shaken in cross-examination.
Muhammad Hafiz (P.W.2) has also corroborated them. Dr. Muhammad Nazir Chathha (P.W.4) has proved the injuries to Javaid Iqbal, Khalid Javaid and Tahir Javaid P.Ws. The case was investigated by Muhammad Saleem S.I. (P.W.5). Dr. Sh. Sardar Ali, Professor Nishtar Medical College, (P.W.8) had also examined Tahir Javaid P.W. On 27-4-1987 and found his left eye damaged due to burst with no eyesight and even the right eye was spoiled. From the statements of the witnesses produced in defence, the case of the appellant is not advanced at all. If, as per the defence witnesses, the complainant family was involved in narcotics cases, that would not make the appellant's case any better.
5. The contention is, therefore, rejected and the conviction of the appellant is upheld. At the end the learned counsel for the appellant requested for reduction in the sentence. But this request must be rejected outright. The statements of the doctors, as indicated above, clearly show that Tahir Javaid was injured with fire-aria and he has lost the' eyesight. Already much leniency has been shown by the Magistrate in awarding the sentence rather he could not award more than that he did. The appeal is, therefore, dismissed with the addition that the appellant would not be entitled to the benefit of the provisions of section 382-B, Cr.P.C.