Zulfiqar Ali alias Zaftri and Riasat Ali alias Riasi have assailed the impugned judgment, dated 16-6- 1990 passed by the learned Additional Sessions Judge, Sheikhupura by way of this criminal revision.
The petitioners were convicted and sentenced by the learned Magistrate Section 30 (Judicial), Sheikhupura vide his impugned judgment, dated 21-2-1990 under section 307/34, P.P.C. To undergo 4 years' R.I. Each with a fine of Rs.4,000 each, in default whereof to suffer R.I. For 6 months each.
They were also convicted and sentenced under section 326/34, P.P.C. To undergo 3 years' R.I. Each with a fine of Rs.2,000 each, in default whereof to suffer 4 months' R.I. Each. They were further convicted and sentenced under section 324/34, P.P.C. To undergo one years' R.I. Each. All the sentences were ordered to run concurrently. The petitioners were also extended the benefit of section 382-B, Cr.P.C.
2. The brief facts of the case are that Liaqat Ali complainant (P.W.2) on 25-9-1988 at 2-05 p.m. At Adda Larian, Farooqabad made statement Exh.P.C. Before Muzaffar Khan, A.S.I. (P.W.7), on the basis of which formal F.I.R. Exh.P.C./1 was recorded by Muhammad Ishaq, A.S.I. (not produced). P.W.2 Liaqat Ali alleged that on 25-9-1988 at about 9/10-00 a.m. His real brother Muhammad Zafar alias Gooni after ploughing the fields was coming to the village, when he reached near Darbar Peer Ashaab, the petitioners alongwith their acquitted co-accused Saifullah alias Saifoo armed with hatchets emerged from beside Sarkandas where they were sitting in ambush. Petitioner Riasat Ali alias Riasi raised Lalkara and exhorted to finish Muhammad Zafar alias Gooni (P.W.3) Riasat Ali alias Raisai petitioner caused six hatchet blows on his left cheek, left Dola, left wrist, in between the fingers of left hand, on the upper side of the back and on the left shoulder. Petitioner Zulfiqar Ali alias Zafari inflicted 5 hatchet blows on Muhammad Zafar alias Gooni on his left Dola, in between the index finger and small finger, right wrist, right shoulder and on the back of right shoulder.
Saifullah acquitted co-accused inflicted 4 hatchet blows on Muhammad Zafar alias Gooni on his left Dola, left thigh, back and on the backside of the left shoulder, Muhammad Zafar alias Gooni fell down. There was commotion, on which Muhammad Arif P.W. (given up) and Muhammad Iqbal (P.W.6) reached while witnessing the occurrence. They intervened and the petitioners alongwith their acquitted co-accused escaped while raising Lalkara. The injured was admitted in the Civil Hospital, Sheikhupura. After the occurrence, Riasat alias Riasi armed with a carbine and Zulfiqar Ali alias Zafari armed with a double barrel gun to frighten the complainant party fired in the air. The motive behind the occurrence was that about 4/5 years earlier to the present occurrence Muhammad Amin had got registered a case under section 326/307, P.P.C. Against injured Muhammad Zafar alias Gooni, who was acquitted. Riasat Ali, etc. Due to that grievance with the intention of murdering Muhammad Zafar alias Gooni had seriously injured him.
3. The petitioners alongwith their acquitted co-accused were challaned and sent up for trial. A charge under sections 324/34, 326/34, 336/34 and 307/34, P.P.C. Was framed against the accused, to which they denied and claimed trial.
(3)Incised wound 2 c.m. x 0.7 c.m. x skin deep on back of middle of left upper arm.
(4)Incised wound 2 c.m. x 1/2 c.m. x skin deep on lower part of outer surface of left upper arm.
(5)Incised wound 4 c.m. x 0.25 c.m. x skin deep on front of middle of left upper arm.
(6)Incised wound 4 c.m. x 0.5 c.m. x skin deep on inner side of upper part of left forearm.
(7)Incised wound 7 c.m. x 3 c.m. x muscle deep on front of lower part of left forearm left wrist and palmer surface of left hand.
(8)Incised wound 6 c.m. x 1 c.m. x bone visible through the bone on the paimer surface of left hand.
(9)Incised wound 3 c.m. x 0.5 c.m. x skin deep on dorsal surface of left hand.
(10)Incised wound 4 c. m. x 0.5 c. In. .x skin deep on the outer side of lower part of right forearm.
(11) Two abrasions on left side of back of body at thoraco lumber region in area 6 c.m. x 1 c.m.
(12) A linear superficial cut 11 c.m. Long on left side of back of chest 13 c.m. Below left shoulder.
(13)' Superficial linear cut 5 c.m. Long in left scapular area. {14) A superficial linear cut 8 c.m. Long on outer surface of upper part of left upper arm.
(15) A superficial linear cut 8 c.m. Long on right scapular area.
On receipt of X-ray report he declared injuries Nos.2 and 7 as grievous and the others as simple.
Injury No.11was caused by blunt-edged weapon and the others by .Sharp-edged weapons.
6. Petitioner Riasat Ali led to the recovery of hatchet P.1 which was secured by P.W.7 Muhammad Muzaffar, S.H.O. Vide memo. Exh.P.A. He also witnessed recovery of hatchet P.2 at the instance of Zulfiqar Ali alias Zafari petitioner which was secured by P.W.7 Muhammad Muzaffar S.H.O. Vide memo. Exh.P.B.
7. The petitioners when examined under section 342, Cr.P.C. Denied the prosecution evidence against them and the recovery of incriminating articles, and stated that they had been falsely involved. They neither made statements on, oath as envisaged under section 340(2), Cr.P.C. Nor produced evidence in defence.
8. The learned trial Court after evaluating the evidence on record convicted and sentenced the petitioners on 21-2-1990 and acquitted co-accused Saifullah vide its impugned judgment. The petitioners filed appeal against their conviction and sentence which was dismissed by the learned Additional Sessions Judge, Sheikhupura vide its impugned judgment.
9. I have heard the learned counsel for the parties and have perused the record. The learned counsel for the petitioners has not seriously challenged the conviction and sentence of the petitioners and has prayed for leniency in the matter of sentence. The petitioners were convicted and sentenced under sections 324/34, 326/34 and 307/34, P.P.C. For inflicting multiple injuries to the victim in a murderous assault on three counts, which was not legally permitted and the petitioners were liable only for graver sentence i.e. Under section 307/34, P.P.C. The learned trial Court as well as the learned appellate A Court overlooked the provisions of section 71, P.P.C. And had ordered three convictions in respect of injuries to Muhammad Zafar alias Gooni (P.W.3). This is not legally permitted. The graver offence would include ordinary offence, therefore, the conviction and sentence under section 324/34 and 326/34, P.P.C. Is set aside.
10. Zulfiqar alias Zafari petitioner has suffered a period of 8 months, 28 days in jail as under-trial and convict, whereas Riasat Ali alias Riasi petitioner has remained in jail as under-trial and convict for a period, of 1 year, 5 months and 25 days. The period has been calculated by the learned counsel for the petitioners as well as certificates from the Superintendent Jail are placed on record.
Riasat Ali alias Riasi petitioner was a young boy and was a student when the occurrence took place. He remained in Bostal Jail, Bahawalpur. The sentence of the petitioners was suspended by this Court on 10-10-1990. They have been 8 suffering the agony of trial since 1988 and I am of the view that the period already undergone by the petitioners with enhanced fine and compensation to the injured would meet the ends of justice. The petitioners have been given verbal notice which has been accepted by their learned counsel. They shall pay a fine of Rs.5,000 each in default whereof to suffer 6 months' R.I. Each. They shall also pay Rs.5,000 each as compensation to injured P.W.3 Muhammad Zafar alias Gooni, in default whereof to suffer 3 months' R.I. Each. The petitioners shall deposit the amount of fine and compensation in the trial Court within a period of one month.
In case of failure in payment of fine and compensation, they shall be dealt with in accordance with law. The petitioners are on bail, their bail bonds are discharged.