Muhammad Ashraf etc. Petitioners were convicted under sections 307/149 and 148, F.P.C. Vide judgment dated 15-10-1985 by Magistrate Section 30, Faisalabad and sentenced to two years' R.I.
Each and a fine of Rs.500 each or in default thereof three months' R.I. Each under the former and to one year's R.I. Each under the latter. The sentences were ordered to run concurrently. Their appeal was, dismissed by the learned Additional Sessions Judge, Faisalabad on 10-8-1986. So the present revision petition.
2. The occurrence took place at about 7-00 p.m. On 15-10-1982 in the haveli of Muhammad Sharif (P.W.4). In the occurrence Muhammad Sharif. His were Mst. Bushra (P.W.5) and Akram and Muhammad Hussain (P.Ws. 6 and 7) were injured. Muhammad Aslam complainant (P.W.9) also reached the spot and witnessed the occurrence. He lodged the F.I.R. At 11-00 a.m. On 16-10-1982. The version given in the F.I.R. Was that at the fateful time Muhammad Sharif and his were Mst. Bushra P.Ws. Were present in their haveli where Ashraf petitioner with the Takwa and other petitioners carrying Sotas assaulted them. The opening blow was given by Ashraf petitioner with a Takwa in the head of Sharif P.W. Who fell down and then he was further injured. When Mst. Bushra, Akram and Muhammad Hussain P.Ws. Intervened they too were injured. The motive given was that the petitioner party wanted Sharif P.W. To close a street to which he was not agreeable.
3. The petitioners in their statements at the close of the trial ascribed their involvement to enmity.
Ashraf appeared as his own witness (D.W.1). His version was that when he was passing from near the haveli of Sharif P.W., he was assaulted by Sharif armed with a hatchet, Muhammad Hussain P.W.
Armed with a Bala, Akram, Aslam P.Ws. And Manzoor with Sotas and Salamat empty-handed. He goes on to state that he was injured by the P.Ws. So was Arif petitioner. They were taken to Civil Hospital, Faisalabad and were medically examined. No medical certificate has been produced in defence nor the examining doctor produced in Court.
4. The prosecution case as given in the F.I.R. Is supported by Muhammad Sharif, his were Mst.
Bushra, Akram, Muhammad Hussain and Muhammad Aslam (P.Ws. 4, 5, 6, 7 and 9). The injuries to the P.Ws. Are proved by Dr. Ajmal (P.W.2). It is clear from the cross-examination to the P.Ws. That the Havelis of the complainant party and the petitioners are just adjacent, rather without any intervening wall even. So even if as pointed out by the learned counsel for the petitioners the occurrence had taken place in somewhat darkness in the evening, the identification would not have been difficult, particularly when Ashraf D.W. Has himself told that it was still not pitch dark.
There is also indication from the statement of Muhammad Hussain (P.W.7) that perhaps the parties are closely related as well and there had been a compromise between them as well. Hence the conviction of the petitioners was correctly recorded.
5. However, there is force in the submission made by the learned counsel for the petitioners that the occurrence took place as far back as October, 1982, conviction was recorded in October, 1985, the appeal was dismissed by the learned Additional Sessions Judge in August. 1986 and the revision petition is being disposed after about 9 years of the occurrence, so the sentence already undergone would suffice. From the record it appears that the petitioners have been behind the bars for more than three months. Injuries to all the P.Ws. Are simple and with blunt object except one injury to Sharif P.W. By sharp-edged weapon which was declared grievous and was in the head. This is ascribed to Ashraf petitioner. In the circumstances, the sentence already undergone for the offence under section 307/149, P.P.C. And a fine of Rs.5,000 or in default thereof one year's R.I.
To Ashraf and a fine of Rs.500 to each of the rest of the petitioners or in default thereof three months' R.I. Each would meet the ends of justice. Maintaining their conviction under section 148, P.P.C., the sentence already undergone and a fine of Rs.100 each or in default thereof one month's S.I. Each would suffice. Order accordingly. The fine would be deposited in the learned Court within a period of one month, otherwise the petitioners would be under section 307/34, P.P.C. Sharif P.W. As compensation.