Muhammad Iftikhar complainant (P.W.1) is the injured witness. The occurrence took place at the shop of his relative Muhammad Ali Shad (P.W.3) on 17-5-1981 at 2-30 p.m. At Gunpat Road, New Anarkali, Lahore. According to the F.I.R. Ilyas (absconded accused) armed with a dagger alongwith his two companions came to the shop on a car, the driver stayed outside and he (Ilyas) alongwith two companions entered the shop. He disputed with the complainant as to why his brother Dost Muhammad engaged in the profession of car decoration, used to supply material on costlier terms, entered into a row took out a Chhuri and gave a blow in his abdomen. Tariq and Zulfiqar (P.Ws. 4 and 5) also reached and witnessed the occurrence. Ilyas alongwith his companions left when his two companions were waving the pistols.
2. On the above facts the F.I.R. Was lodged. At the trial Muhammad Iftikhar, Muhammad Tariq and Zulfiqar (P.Ws. 1; 4 and 5) alongwith others were produced to prove the charge against the appellants. Learned Magistrate Section 30 believing their testimony concluded the charge against the appellants under section 452/324/34, P.P.C. And sentenced each under the former to five years'
R.I. And a fine of Rs.1,000 or in default thereof 6 months' R.I. And under the latter to three years' R.I.
Both the sentences were ordered to run concurrently. The judgment was recorded on 31-7-1982.
This is an appeal against the same.
3. None has appeared for the State, though the name of Muhammad Altaf Khan, Advocate appears in the list.
4. Record has been gone through with the help of the learned counsel for the appellants who has been heard as well. No case against the appellants is made out. The appellants are not named in the F.I.R. They are not even named by Muhammad Yasin (P.W.2) another eye-witness. Not only this but the version given in the F.I.R. Was greatly improved. At the trial, the complainant (P.W.1) stated that Ilyas had even opened a cash-box at the shop and taken away Rs.200. This was not in the F.I.R.
No role to the appellants was ascribed either in the F.I.R. Or at the trial. It seems that the witnesses were not known to the appellants. Otherwise their names would have been mentioned in the F.I.R.
Thus their case needs all the more scrutiny as they were not represented by any counsel before the learned trial Magistrate. For all these reasons they are granted the benefit of doubt and stand acquitted. Abdul Ghafoor is on bail and stands discharged of the bail bonds.
S.A./M-2746/L Acquitted.