FAZAL ILAHI KHAN, J.---These petitions have been filed against the judgment and order of the Lahore High Court, Rawalpindi Bench, Rawalpindi dated 20-3-1993. Criminal Petition No.56 of 1993 is by the accused/convicts, Criminal Petition No.232-L of 1992 by the complainant and Criminal Petition No.252-L of 1993 by the State.
2. The prosecution case in brief is that civil litigation was going on between the complainant Muhammad Ramzan (deceased) etc. On the one side Masood Akhtar and Sajjad Hussain (appellants) from the other side over common graverayed site which was claimed by Masood Akhtar etc. To be in their sole ownership. Some two days before the occurrence, Masood Akhtar and Qurban Hussain started collecting Rs.15 from each woman of the village who came to take water from a common wall, for its repair. The complainant resisted such collection which resulted in the exchange of abuses between the complainant and Qurdan Hussain. The matter was, however, patched up by elders there and then.
3. On the day of occurrence, Muhammad Ramzan (deceased), serving in the Army had returned home. He alongwith Meherban Hussain came to the house of Muhammad Asharf to enquire about the said incident. Sadiq Hussain, Karamat Hussain and Lal Hussain, P.Ws. Were also present there.
At about 10-00 p.m. All of them started towards the house of Muhammad Ramazan on a path passing through the graveyard and when they reached near the graveyard, Masood Akhtar, Mehmood Akhtar, Tehzeem Akhtar and Sajjad Hussain armed with revolvers, Imdad Hussain armed with gun, Zardad Khan and Nazar Hussian armed with Sotis confronted them. On the Lalkara raised by Nazar Hussain and Mehmood Akhtar that they will be taught a lesson for insulting Qurban Hussain firing started simultaneously resulting in the death of Muhammad Ramzan and injuries to the complainant and the P.Ws.
4. The occurrence was reported by Muhammad Ashraf, P.W.4 which was recorded by Shabbir Hussain, S. I, P.W.12 at 11-20 p.m. After investigation of the case the accused were put on trial in the Court of Additional Sessions Judge, for offence under sections 148, 302/149, 307/149, P.P.C.. The learned Additional Sessions Judge, Rawalpindi by its judgment dated 25-7-1990 found the accused guilty and on conviction sentenced the accused as under:--
(i) All the seven accused were sentenced to 2 years' R.I. Each under section 148, P.P.C, and to 5 years' R.I and a fine of Rs.20,000 each under section 307/149, P.P.C. On 3 counts. In default of payment of fine to suffer further 6 months' R.I. Each. They were also to pay compensation in the sum of Rs.20,000 each to Muhammad Ashraf, Sadiq Hussain and Meharban Hussan injured P.Ws., in default to suffer further 2 months' R.I. On each count.
(ii) Masood Akhtar was convicted and sentenced to death, Mehmood Akhtar, Sajjad, Tazeem, Imdad Hussain, Zardad and Nazir Hussain accused were sentenced to undergo life imprisonment and a fine of Rs.10,000 each and in default to one year R.I. Under section 302/149, P.P.C. All the sentences under the offences were to run concurrently. #TBS 6-A. Regarding the role attributed to individual accused petitioners and the #TBE
5. The convicts' appeal against the judgment of the learned Additional Sessions Judge and the murder reference as well on the revision petition, filed by the complainant for enhancement in the sentences of convicts, were heard together by the learned High Court and disposed of by a common judgment dated 20-3-1990. On the conclusion reached by the learned High Court that the motive for the commission of the offence was not too strong to have led the accused to have launched a premeditated and calculated attack on the complainant party, held that the incident appeared to be the result of exchange of hot words among the parties at the time when the complainant party was passingon the path near by the houses of the accused party, the sharing of common intention was, therefore, found subject to their action in that regard. On suchfinding the learned High Court altered the sentence of death imposed upon Masood Akhtar to imprisonment for life. The conviction and sentence of Tazeem Akhtar, Nazir Hussain and Mehmood Akhtar under section 302, P.P.C. Was set aside for the reasons that the prosecution failed to prove their active participation in the murder of Muhammad Ramzan (deceased). However, Masood Akhtar, Imdad Hussain, Sajjad Hussain were held to have acted in furtherance of their common intention in committing the murder of Muhammad Ramzan. Their conviction, therefore, under section 302/149, P.P.C. Was altered to 302/34 P.P.C. But their sentences of imprisonment and fine as well- compensation awarded by the learned Additional Sessions Judge were maintained. The conviction of all the seven appellants/petitioners on three Counts for having launched murderous attack on Muhammad Ashraf, Meharban Hussain and Sadiq Hussain, P.Ws. Was set aside and instead of that Mehmood Akhtar was held liable under section 307, P.P.C. For having attempted at the life of Muhammad Ashraf P.W. And Tazeem Akhtar was held'liable for having attempted at the life of Meharban Hussain, P.W. By firing at them effectively. Each of them was convicted under section 307, P.P.C. And sentenced to 5 years' R.I. And fine of Rs.2,000 each in default to suffer 6 months' R.I. Each.
They were also directed to pay Rs.2,000 each as compensation to Muhammad Ashraf and Meharban Hussain respectively and in default to suffer further R.I. For 2 months each. The injuries on the person of Sadiq Hussain P.W. Were found simple, caused with blunt weapon, Nazir Hussain petitioner was found having caused simple injuries with blunt weapon to Muhammad Ashraf and Meharban Hussain P.Ws, and on conviction under section 323, P.P.C. On three counts sentenced him to one year R.I. On each count. The sentences on three counts were to run concurrently. Since the accused were not found guilty of sharing common object for forming unlawful assembly, therefore, their conviction and sentence under section 148 was set aside.
5-A. After hearing the learned counsel for the parties and perusal of the record, we found no merits in all these petitions for leave to appeal.
6. As far as the charge against accused petitioner is concerned the same stands proved beyond any reasonable doubt through the statements of three injured P.Ws. Namely, Meharban Hussain Shah, P.W.2 Sadiq Hussain. P.W.3 and Muhammad Ashraf, P.W.4. Their evidence is further corroborated by the recoveries of arms from the respective accused petitioners at their instance and the medical evidence. Both the Courts below have properly scrutinised the evidence on record and fully discussed the statements of these witnesses in the light of the contention raised and have repelled such contentions. The finding arrived at by the Courts below therefore is generally not open to interference by the Supreme Court. sentences imposed upon them has been fully dealt with by the learned High Court in paras. 25 and 26 of the judgment which is reproduced as under:-- "25. Since we have not believed the motive for the occurrence and have held the same to have occurred, due to the incident wli:ch erupted suddenly, we neither consider it safe nor just to confirm the sentence of death awarded to Masud Akhtar appellant. The same is, therefore, altered to imprisonment for life. The sentences of imprisonment for life of Imdad Hussain and Sajjad Hussan appellants are maintained. The sentences of the fine imposed on each of them (all three) and the direction to each of them to pay the compensation are maintained. The fine on recovery from each of them shall also be paid as compensation to the heirs of the deceased.
26. For the aforesaid reasons, the convictions of all the appellants, on three counts, i.e. For having launched murderous assault on Muhammad Ashraf, Meharban Hussain and Sadiq Hussain are also set aside. Instead, Mehmud appellant only is held liable under section 307, P.P.C. For having launched murderous assault on Muhammad Ashraf P.W. While Tazeem Akhtar, appellant only is held liable for having launched murderous assault on Meharban Hussain P.W., as both of them had caused injuries to Muhammad Ashraf and Meharban Hussain respectively by firing shots. Each of them is convicted thereunder and sentenced to undergo R.I. For five years each, plus to pay a fine of Rs.2,000 each in default whereof to suffer R.I. For six months. They are also directed to pay a sum of Rs.2,000 each, as compensation to Muhammad Ashraf and Meharban respectively, in default whereof to suffer R.I. For 2 months each."
17. We find no substance in these petitions for interference with the judgment of the learned High Court and dismiss all the three of them.