' Javed Iqbal alias Billa, his brother Zulfiqar Ali, and Ghulam Sarwar, their stepfather, were tried by Additional Sessions Judge, Faisalabad, under section 302/307/34, P.P.C. for having murdered Muhammad Hussain and for having launched murderous assault on Ali Akbar (P.W.8) on 19-2-1986 at 7-30 a.m. in Street No.17, Mohallah Haiderabad, Faisalabad. Learned trial Judge vide judgment, dated 27-4-1987 convicted Javed 1qbal and Zulfiqar Ali under section 304, Part II, P.P.C. and sentenced them as under:-- Javed Iqbal alias BillaTen years' R.I. plus to pay a fine of Rs.3,000 in default whereof to undergo R.I. for one year.
Zulfiqar AliR.I. for three years plus to pay a fine of Rs.1,000 in default whereof to undergo R.I. for six months.
' In addition to this sentence, Javed Iqbal has been directed to pay a sum of Rs.3,000 as compensation to the heirs of the deceased while Zulfiqar has been ordered to pay a sum of Rs.2,000 as compensation to the legal heirs of the deceased. Each of them has been directed to undergo R.I. for six months in default of non-payment of the compensation amount.
2. Javed Iqbal alias Billa was also convicted under section 324, P.P.C. for having caused simple injuries to Al; Akbar P.W. and sentenced to undergo R.I. for two years plus to pay a fine of Rs.1,000 in default whereof to undergo R.I. for four months.
' Zulfiqar has also been convicted under section 323, P.P.C. for causing simple injuries to Ali Akbar P.W. and sentenced to R.I. for one year plus to pay a fine of Rs.500 in default whereof to undergo R.I. for two months.
' Half of fine, on recovery from both has been ordered to be paid to Ali Akbar.
' Sentences on all counts have been directed to run concurrently. Benefit of the provision of section 382-B, Cr.P.C. has also been given. Ghulam Sarwar, their co-accused, was acquitted vide the same judgment.
3. The prosecution case at the trial was that Javed Iqbal armed with a Chhuri, Zulfiqar armed with a Dang, accompanied by Ghulam Sarwar, empty---handed, had launched attack on Muhammad Hussain who was yoking she-donkey with the cart. Before inflicting injuries, they had raised a Lalkara that they will avenge the insult. Zulfiqar was stated to have caught Muhammad Hussain from the collar and given fist blows on his face. Ghulam Sarwar had taken him into clasp whereafter Javed Iqbal had inflicted two Chhuri blows on the left ribs and on the right side of the chest. Zulfiqar was also alleged to have given three Dang blows to Muhammad Hussain after he had fallen on the ground. Ali Akbar, who had attempted to rescue Muhammad Hussian, was caused injuries by Javed Iqbal and Zulfiqar. According to the P.Ws. the accused had also suffered injuries during the occurrence at the hands of Muhammad Hussain when he had thrown bricks at them attempting to save himself.
' Motive for the occurrence was that Muhammad Hussain had abused the accused on coming to know that Javed Iqbal had teased Mst. Nargas daughter of his uncle Muhammad Salim (complainant).
4. Statements of twelve P.Ws. were recorded at the trial. The same included the doctors who had post-mortemed the body of the deceased and medically examined Ali Akbar P.W. as well as Javed Iqbal (appellant) and Ghulam Sarwar (acquitted accused),
5. Ocular account was deposed to by Ali Akbar (P.W.8) and Hakam Din (P.W.9). Muhammad Saleem had also made statement as P.W.10 but he was not an eye-witness. Statements of the remaining witnesses are more or less of formal nature.
6. The accused during statements under section 342, Cr.P.C. had denied the prosecution case and pleaded innocence. Javed Iqbal alias Billa appellant had, however, taken the plea of self-defence as well.
' Learned trial Judge after having discussed all aspects of the case, had come to tile conclusion that the attack was not a calculated premeditated attempt to commit the murder and so the accused could not be held liable for having committed the murder or for having committed murderous assault,
7. Neither the State has preferred appeal against the acquittal of the appellants under sections 302 and 307, P.P.C. nor the complainant has preferred any revision petition fur that.
8. Learned counsel for-the appellants has also not challenged the conviction of the appellants under section 304, Part I1, P.P.C. as well as their individual conviction under section 324/323, P.P.C. He has, however, contended that the sentences awarded to both the appellants for offence under section 304, Part II, P.P.C. are disproportionate and not in accordance with the circumstances of the case.
9. Notwithstanding the fact that the learned counsel for the appellants has not challenged their convictions under section 304, Part 11, P.P.C. as well as under section 324/323, P.P.C. individually, I have gone through the record and I am convinced that no interference is called for in the impugned judgment in so far as it pertains to the conviction of the appellants as the same is based on well---considered merits of the evidence. The convictions of the appellants, as such, are maintained.
10. Javed Iqbal, according to the prosecution, was found to have suffered a lacerated wound on the head and an incised wound on the hand. He had pleaded, for having acted in self-defence. The explanation furnished by the prosecution, that he had suffered injuries as a result of brickbatting of the deceased was not in' line with the injuries found on his person. He has been awarded maximum sentence of imprisonment provided for offence under section 304, Part 11, P.P.C. After having considered all aspects of the case, I am of the view that the sentence is rather on the excessive side. The same is, therefore, reduced to R.I. for seven years. The sentence of fine and the direction for payment of the compensation amount is maintained.
Zulfiqar, who stands sentenced to undergo R.I. for three years. Even' according to the prosecution, he had caused simple injuries to the deceased with the blunt weapon. The said injuries had not contributed to death. The sentence of three years awarded to him is, therefore, reduced to R.I. for two years. The, sentence of fine and the direction for payment of the compensation amount is maintained. The sentences awarded to Javed 1qbal and Zulfiqar under section 324/323, P.P.C, respectively, arc also maintained. They shall, however, run concurrently as ordered by the trial Judge. Benefit of the provision of section 382-B, Cr.P.C. already stands extended to them. Both of them are on bail. They shall be caused to be arrested through non-bailable warrants and lodged in jail to undergo the remaining sentences.