This Criminal Appeal No.128 of 1989 arises from the judgment of learned Sessions Judge, Muzaffargarh whereby he on 18-5-1989, while acquitting Allah Wasaya, Noor Muhammad, Manzoor Ahmad and Muhammad Qasim co---accused, convicted Muhammad Ramzan and Muhammad Ameen appellants and four co-accused namely Suleman, Usman, Sultan and Ahmad Bakhsh under different sections of P.P.C. And sentenced them as under:-- (i)The appellants under section 304(1), P.P.C. For causing the death of Allah Dawaya, to ten years'
R.I. And a fine of Rs.5,000 in default whereof further R.I. For one year.
(ii)The aforesaid four co-accused under section 324, P.P.C. To imprisonment already undergone by them.
It was directed that the fine, .If recovered, half of it shall be given to the legal heirs of deceased. The appellants were also given the benefit of provisions of section 382(b), Cr.P.C.
2. On the consideration of evidence on record, the trial Court was of the view that it was a free right in which the deceased had lost his life, P.Ws. And the three accused had received injuries. Mrs. Tasneem Akbar Khan, the learned counsel for the appellants has not challenged the findings of free fight between the parties arrived at by the trial Court. On my independent assessment of the evidence I do not see any reason to disagree with the well-reasoned findings of the trial Court. The learned Additional Advocate-General states that the trial Court has arrived at a correct conclusion.
Neither any State appeal against the judgment of the trial Court nor any revision by the complainant has been filed.
3. Mrs. Tasneem Akbar Khan, the learned counsel for the appellants has simply requested for reduction in the sentence, which has been opposed by the learned Additional Advocate-General.
4. I have considered the request made by the learned counsel for appellants carefully. I feel persuaded to agree with her, for the reasons that it was a case of free fight; the complainant party had not only made preparation for the trial of strength but had actually injured three co-accused; one of the injuries found on the person of Usman co-accused was on head and was declared dangerous to life.
5. Pursuant to the above discussion, the appeal filed by Muhammad Ameen and Muhammad Ramzan against their conviction under section 304(1), P.P.C. Is dismissed. The sentence of ten years'
R.I. Each awarded by the trial Court is reduced to five years' R.I. Each. The fine imposed by the trial Court, sentence in lieu thereof and the direction for payment of compensation and provisions of section 382-B given by it are maintained. With this modification in the sentence the appeal is dismissed.
6. Before parting with the judgment, I would like to know as to whether or not the compensation awarded by the Courts is actually paid to the legal heirs of the deceased and what measures are taken by the jail authorities to ascertain the legal heirs of the deceased/victim. Let Superintendent of New. Central Jail, Multan appear alongwith the record of payment of compensation to the legal heirs of the deceased /victim for the last two years. For further proceedings to come up on 6-11- 1990.