' SARDAR MUHAMMAD DOGAR, J.--- Farzand Ali alias Fandi (25) and Naseer alias Irshad (25) were tried by the Judge, Special Court (Suppression of Terrorist Activities), Lahore, under section 353/307/34, P.P.C.
' Vide judgment, dated 16-6-1990, they were convicted under section 353/34, P.P.C. And sentenced to undergo R.I. For two years each. Vide the same judgment, they were also convicted under section 307/34, P.P.C. And sentenced to undergo imprisonment for life each.
' Sentences on both the counts were directed to run concurrently.
2. Briefly, the prosecution case at the trial was that Aftab Ahmad, Head Constable, while being in search of absconders in the company of Abdul Hamid, Muhammad Asghar and Muhammad Yusuf, Constables, had noted three persons wrapped in Chaddars, near the graveyard Sheikhupura going towards Mohallah Farooq Nagar, Sheikhupura. The Head Constable challenged them whereupon one of them opened fire with a carbine and ran towards the roofs of houses. The police officials chased them and called the residents of the Mohallah for help. Some licence-holders of the Mohallah joined the pursuit. During the pursuit, one of the three accused, threw two grenades which resulted in injuries to Mst. Sakina Bibi and Dr. Muhammad Ashraf. One of the accused suffered fire-arm injuries at the hands of Mohallandars. The one,. Who had suffered injuries, was caught while the remaining two succeeded in running away. The injured person gave his name as Muhammad Aslam. He also disclosed the names of his companions as Farzand Ali and Naseer (appellants).
3. The case was registered on the statement of Aftab Ahmad, Head Constable. The two persons, who had suffered injuries, were got medically. Examined. Splinters of the grenades were taken into possession from the spot. The accused were arrested by Rana Muhammad Aslam, Inspector (P.W.4) and challan was submitted to Court after completion of necessary investigation.
4. Statements of eight P.Ws. Were recorded at the trial.
' Ocular account was furnished by Mst. Sakina Bibi (P.W.1), Abdul Ra77aq (P.W.2), Aftab Ahmad, Head Constable (P.W.3) and Dr. Muhammad Ashraf (P.W.5).
5. The appellants denied the allegations levelled against them and pleaded innocence. They examined in defence three D.Ws. And appeared as their own witnesses also.
6. Learned counsel for the appellants did not challenge the convictions of the appellants. He, however, prayed for reduction in the sentences of the appellants for convictions under section 307/34, P.P.C.
7. Notwithstanding the fact that the learned counsel for the appellants did not challenge the convictions of the appellants, we have gone through the evidence and we are convinced even otherwise that no interference is called for, in the judgment of conviction. In that regard, what particularly impressed us, was the statement of Aftab Ahmad, Head Constable, who had neither any bias nor animosity against the appellants. He not only gave the details of the occurrence in a convincing manner but also identified them successfully. Similarly, Muhammad Ashraf (P.W.5) had no animosity or bias against the appellants and he also identified them. The convictions of the appellants under section 353/34, P.P.C. And under section 307/34, P.P.C. Are maintained.
' However, we are of the view that sentence of imprisonment for life to each is neither proportionate nor just as the injuries to both the P.Ws. Were found simple. We are of the view that sentence of rigorous imprisonment for seven years to each of them under section 307/34, P.P.C. Will meet the ends of justice. Sentences of imprisonment under section 353/34 are maintained.
' Both the sentences shall run concurrently.
' Benefit of the provisions of section 382-B, Cr.P.C. Shall be extended.
Sentence reduced.