KHALIL-UR-REHMAN RAMDAY, J: -- Yousaf and his brothers Younis and Yaqoob were tried by a learned Additional Sessions Judge at Sialkot for the murder of one Muhammad Riaz and for having murderously assaulted and injured Bashir Ahmad, Mushtaq Ahmad and Imdad Ali P.Ws.
2. Through his judgment dated 27-4-1989, the said learned Court extended the benefit of doubt to Yaqoob and acquitted him accordingly.
3. Yousaf was found guilty of the murder of Riaz and having been convicted under section 302/34, P.P.C., was sentenced to death with a fine of Rs.3,000 or one year's R.I. In default of payment of fine fie was also convicted under section 307/34, P.P.C., 324/34, P.P.C. And 324. P.P.C. For the murderous assault mounted on Mushtaq P.W. And for injuries inflicted by him on the persons of Bashir and Imdad Ali P.Ws., respectively. He was sentenced to seven years' R.I. With a fine of Rs.2,000 or six months' R.I. In default . Of payment of fine under section 307/34. P.P.C. To one year's R.I. With a fine of Rs.1,000 or three months' R.I. In default of payment of fine for injuries caused by him on the person of Bashir P.W. And again to one year's R.I, with a fine of Rs.1,000 or three months' R.I. In default thereof for inflicting injuries by him on the person of Imdad Ali P.W.
4. Younis, was also found liable for the murder of Riaz deceased alongwith Yousaf convict: was convicted under section 302/34. P.P.C. And was punished with imprisonment for life and a fine of Rs.5,000 or one year's R.I. In default of payment of fine. He was also convicted under section 307/34, P.P.C. And 324/34, P.P.C. For having launched a murderous assault on Mushtaq P.W. And for having given injuries to Bashir P.W. Alongwith his brother and co-convict Yousaf and was awarded the same punishments under these two provisions as were awarded to Yousaf convict. Younis was, however, not convicted for the injuries received by Imdad Ali P.W.
5. Murder Reference No.130 of 1989 seeks confirmation of the sentence of death imposed on Yousaf convict who, together with his brother Younis, challenges the convictions and the sentences recorded against each one of them through Criminal Appeal No.347 of 1989.
6. Bashir complainant has filed Criminal Revision No.646 of 1989 and prays that punishment of imprisonment for life awarded to Younis convict be enhanced to death.
7. All these three matters are being disposed of together through this single judgment.
8. The complainant and the appellant party live in the close vicinity of each other: The appellant party used to drain out their sewerage from near the door of the complainant's house which allegedly used to make it impossible for the complainant party to pass through the said door and it was on account of this dispute that an occurrence allegedly took place on 30-10-1987 which resulted in the loss of life and damage above-noticed.
9. During the pendency of the matters above-noticed, Criminal Miscellaneous No.1-M of 1991 was moved which was supported by the affidavits of the widow and the father of Riaz deceased as also by Bashir, Mushtaq and Imdad Ali P.Ws. Who were the injured victims of the occurrence in question and also the brothers of the said Riaz deceased, stating therein that the said persons had forgiven Yousaf and Younis appellants and prayed that they be acquitted of the charges of which they stood convicted.
10. In pursuance of an order passed by us on 26-10-1991, the heirs of Riaz deceased as also the three injured victims of the occurrence in question appeared before us on 4-11-1991 whereafter their statements were recorded.
11. It was deposed before us that Muhammad Riaz deceased had left behind Abdul Ghani (father), Mst. Safia Bibi (widow), Fiazur Rehman (a six years old son) and Mst. Musarat Riaz (a 3-1/2 years old daughter).
12. From the statements of Abdul Ghani, Mst. Safia Bibi, Bashir Ahmad, Mushtaq Ahmad and Imdad Ali, it transpired that Abdul Ghani and Mst. Safia Bibi had granted Afw to Yousaf and Younis appellants being the heirs of Riaz deceased while Abdul Ghani being the paternal-grandfather of Fiazur Rehman and Mst. Musarat Riaz (minors) above-mentioned, had received Rs.1,22,000 as being the share of the, said two minors in Diyat
13. Bashir---Mushtaq and Imdad Ali P.Ws. Further stated that they had also granted Afw to the two appellants for the injuries inflicted by them on their persons.
14. After recording the statements of these five persons abovementioned, the matter was adjourned for today.
15. Abdul Ghani abovementioned, the father of Riaz deceased has entered appearance and stated that an amount of Rs.81,000 being the share of Fiazur Rehman (minor) in Diyat and an amount of Rs.40,500 being the share of Mst. Musarat Riaz (minor) in Diyat had been deposited in Sans Garh 763 Branch of Muslim Commercial Bank Limited in the name of these two. He also placed on record photostat copies of the deposit slips and of the relevant entries in the respective pass books.
16. In view of the Afw granted by the heirs of the deceased and by the injured P.Ws. Of the occurrence in question as also in view of .The payment of Diyat to the two minor heirs of Riaz deceased which had been accepted by their widow mother and their paternal-grandfather, it was prayed that the two appellants be acquitted.
17. We have found nothing on record which could have warranted punishment of the two appellants by way of Tazir despite the composition of the offences in question by the heirs and the injured victims of the said occurrence.
18. Criminal Appeal No.347 of 1989 is allowed. The impugned judgment, dated 27-4-1989 of the learned Additional Sessions Judge at Sialkot and the resultant convictions and sentences recorded against Yousaf and Younis appellants, as noticed above, are set aside. They are acquitted of the charges and shall be set at liberty for with if not required to be detained in any other case.
19. In view of the above composition of the offences, the learned counsel for the Bashir complainant in Criminal Revision No.646. Of 1989 has prayed for' permission to withdraw the said petition. The same is dismissed as withdrawn.
20. Murder Reference No.130 of 1989 is disposed of in the above terms.
N.H.Q./M-472/L