MUHAMMAD MUNIR KHAN, j.- Muhammad Ashraf and 5 others, petitioners alongwith Muhammad Yousaf co-accused were tried under section 325/148/149 P.P.C, on the charge of causing injuries including grievous injury to Muhammad Hussain and Sher Zaman P.Ws on 14.6.1981. They denied the charge.
2. To prove its case, prosecution produced 5 witnesses. Muhammad Sher P.W.2, Muhammad Hussain P.W.3 and Sher Zaman P.W.4 have given the ocular account of the occurrence.
Muhammad Hussain P.W.3 stated that the petitioners and Muhammad Yousaf launched attack on them and caused injuries to him and Sher Zaman P.W. With dangs and that Muhammad Yousaf, acquitted accused had raised lalkara: Muhammad Sher P.W.2 and Sher Zaman P.W.4 made similar statement. Dr. Muhammad Faruq Khawaja P.W.5 medically examined the injured P.Ws. He found 3 blunt weapon injuries on the person of Muhammad Hussain and 8 blunt weapon injuries on the person of Sher Zaman. One of the injuries found on the left thigh of Sher Zaman was found grievous.
This injury was X-Rayed by Dr. Muhammad Faruq Khawaja, who was examined as C.W.1. When examined under section 342 Cr.P.C., the petitioners denied the incriminating circumstances. They produced two witnesses namely Muhammad Nawaz D. W.l and Bashir Ahmad D.W.2 in defence.
Muhammad Nawaz D. W.l stated that the petitioner had not participated the occurrence. At the time of occurrence he was present and had seen Muhammad Zaman, Muhammad Hussain and Muhammad Latif quarrelling with Muhammad Hussain and Sher Zaman P.Ws. He could not explain the injuries suffered by the two witnesses. Bashir Ahmad D.W.2 made almost similar statement. The trial Court convicted the petitioners and Muhammad Yousaf on 8.5.1982 and sentenced them to 2 years R.I. Under section 148 P.P.C, and 2 years R.I. Each under section 325/149 P.P.C, and also a fine of Rs.1000/- or in default thereof further R.I. For 3 months each, with the direction that the fine if realized half of it be paid to the injured P.Ws. On appeal, the learned Additional Sessions Judge, Sargodha, acquitted Muhammad Yousaf and dismissed the appeal of the petitioners on 1.6.1982, hence this revision.
3. Learned counsel for the petitioners submitted that there is a delay of 3 days in lodging the FIR; that the writer of the FIR was not produced; that the eye-witnesses are not reliable; that the evidence of the P.Ws was discrepant and contradictory; that the prosecution case to the extent of Muhammad Yousaf has been dis-believed and that the sentences awarded to the petitioners is excessive. No one has appeared for the State.
4. I have considered the submissions made by the learned counsel with care. I do not agree with him. Muhammad Hussain and Sher Zaman P.Ws were found injured. One of the injuries of Sher Zaman was found grievous as per X- Ray Report which was duly proved by Dr. Muhammad Faruq Khawaja P.W.5. The number of the accused and the number of the injuries found on the person of the 2 injured witnesses do commensurate. No case of substitution has been proved by the defence.
Muhammad Yousaf acquitted accused had not caused any injury to the witnesses. Only proverbial lalkara was attributed to him. So his acquittal will not adversely affect the credibility of the eye- witnesses to the extent of the petitioners who actually caused the injuries. The D.Ws have not been able to explain as to how the injured witnesses received injuries. The Courts below have properly appreciated the evidence on record and have given sound and cogent reasons in support of their decisions. For all these reasons, no exception can be taken to the conviction of the petitioners under section 148/325/149 P.P.C.
5. This bring me to the question of sentence. Since grievous injury has not been specifically attributed to the petitioners, therefore, I feel inclined to reduce the sentence from 2 years R.I. To one year R.I. Each under section 148 P.P.C, and also under section 325/149 P.P.C. The fine awarded by the trial Court under section 325/149 P.P.C, and directions for its payment to the injured P.Ws are maintained. The sentences of one year R.I. Awarded under section 148/325/149 P.P.C, shall run concurrently. The trial Court shall issue warrants of arrest of the petitioners and on their arrest they will be sent to jail to serve the sentence.