1. ' HAMID ALI MIRZA, J.---This criminal appeal by leave of this Court is directed against the judgment of conviction, dated 21-9-1993 passed in Criminal Appeal No.292 of 1991 and Murder Reference No.60 of 1990 by the Lahore High Court, Multan Bench, maintaining the judgment of conviction, dated 19-12-1989 passed in Sessions Case No.8 of 1988 and Sessions Trial No.8 of 1989 by the Additional Sessions Judge, Dera Ghazi Khan accepting the appeal filed by Darvesh acquitting him of the charged offence, and the death sentence of appellant Ahmad Bakhsh was reduced to life imprisonment, confirming the sentence of death in respect of appellant Allah Bakhsh.
2. ' The brief facts of the case are that on the day of occurrence, i.e. 29-9-1987, at morning time, Karim Bakhsh deceased, brother of Sobha complainant, went to Band Thomaywala for cultivation of the land owned by the latter. At about noon time, complainant Sobha took the lunch for the deceased and proceeded to Band Thomaywala. On reaching near the spot, he saw appellant Ahmad Bakhsh armed with sword, appellant Allah Bakhsh armed with Churra, acquitted accused Kaura and Darvesh both armed with hatchets, raising Lalkara for taking the revenge of the murder of their cousin Muhammad Yaqub and attacked the deceased who was sleeping under a Bairee tree.
3. Karim Bakhsh deceased tried to turn away from the spot, but appellant Ahmad Bakhsh, gave him a blow with sword on his left arm. The deceased still tried to run away, but all the four accused including the present appellants encircled him. Appellant Allah Bakhsh and acquitted accused Kora caused with their respective weapons one injury each on the left side of the neck of the deceased. Besides, the deceased also received an injury on a finger of his left hand. Karim Bakhsh succumbed to his injuries on the spot. The report was lodged on 30-9-1987 at 2-35 p.m. And delay in lodging the F.I.R. Was explained therein. After completion of usual formalities, the appellants and the acquitted accused were tried by the learned Additional District Judge, Dera Ghazi Khan, who convicted the appellants and accused Darvesh under section 302/34, P.P.C. And sentenced them to death subject to confirmation by the High Court for which a murder reference under section 374, Cr.P.C. Was also made. However, accused Kora was acquitted giving him benefit of doubt. The convicted accused Darvesh including the appellants preferred Criminal Appeal No.292 of 1991 to the Lahore High Court, Multan Bench, which appeal was partly allowed, whereby accused Darvesh was acquitted, and the sentence of death of Ahmad Bakhsh was reduced to life imprisonment but the death sentence of Allah Bakhsh was confirmed.
4. ' We have heard the learned counsel for the appellants and the State, and have perused the record and the proceedings of the case. The learned counsel for the appellants only pleaded for the reduction in sentence of appellant Allah Bakhsh from death to life imprisonment. He submitted that co-accused Kora, who was armed with a hatchet and caused an injury on the neck of the deceased has been acquitted by the trial Court giving him benefit of doubt, and co-accused Darvesh who was also armed with a hatchet and caused an injury on the neck of the deceased has been acquitted by the High Court and the death sentence of appellant Ahmad Bakhsh who was armed with a sword and inflicted one sword blow causing injury on the right arm of the deceased has been reduced to life imprisonment by the High Court in appeal, therefore, there was no justification for confirming, the death sentence of appellant Allah Bakhsh who is said to be armed with a Churra and has caused one injury on neck of the deceased. He also made reference to the medical evidence wherein it is stated that injuries No.1, 2, 3 and 4 were sufficient to cause death collectively and individually in the ordinary course of nature. The learned counsel submitted that in view of the foregoing submissions appellant Allah Bakhsh's death sentence should have been reduced to life imprisonment by invoking the principle of consistency with regard to the sentence.
5. We find substance and merit in the contention of the learned counsel for the appellant that no distinction in awarding sentence to each of the accused can be made when guilt of the several accused is proved to be equal and undistinguishable. The High Court, in paragraph 19 of the impugned judgment, has observed:-- "The medical and evidence of motive provided sufficient corroboration to judge the truthfulness of the ocular account. According to the medical evidence injuries Nos.1 to 4 were dangerous to life and cause of death. Injury No.1 is attributed to Ahmad Bukhsh and the other three to Allah Bukhsh, Darvesh appellants and Kaura acquitted accused with no specification. Injuries Nos.2 to 4 being of same nature and inter-linked with each other are reasonably appeared to have been caused with one kind of weapon and most probably not with a heavy weapon like hatchet. Allah Bukhsh who had motive to take revenge of murder of his brother armed with Churra participated in the occurrence. No doubt, he is attributed one injury but the nature and seat of injuries Nos.2 to 4 indicate that he individually had caused these injuries. Resultantly, Allah Bukhsh and Ahmad Bukhsh are found responsible for causing the murder of Karim Bukhsh deceased."
6. On perusal of the evidence it would appear that each one of the accused had given one blow each to the deceased with their respective weapons, therefore, the observation that accused Allah Bakhsh had individually caused these injuries cannot be presumed in absence of evidence on record. As per evidence, all the accused who participated in the commission of the crime gave one injury each to the deceased and all injuries individually and collectively are said to be sufficient to cause death in the ordinary course of nature. In the circumstances, no distinction in awarding sentence to each of the appellants can be made and the long arm of the law must reach all of them sternly and remorselessly in an equal manner. Reference may be made to Shaheb Ali v. State (PLD 1970 SC 447), the relevant paragraph whereof at page 450 reads:--- "When the guilt of several accused persons concerned in a murder crime is proved to be equal and indistinguishable, it would be wholly illogical to pick on just one person out of the lot to pay by his life for the murder of the deceased and to spare the others. If several persons combine to destroy one human life dastardly and with a deliberate design with no extenuating circumstances to mitigate the offence of any one of them, the long arm of the law, according to its dictates, must reach all of them sternly and remorselessly in an equal manner."
7. ' In this context, reference may also be made to Saifur Rehman v. The State (1988 SCM R 443). The relevant paragraph of the report at page 446 reads as under:-- "We see reason in the arguments of the learned counsel as to the fact that the role attributed to all the convicted accused is similar, and the injuries which are considered fatal are five, all of which were not caused by Siafur Rehman accused/appellant alone. Therefore, his liability is the same as of the other accused. Hence, we alter the death sentence awarded to Saifur Rehman accused/appellant to life imprisonment..."
8. In the instant case two of the accused, namely, Kora and Darvesh have got acquittal from the trial Court and the High Court respectively, while appellant Ahmad Bakhsh has succeeded in getting his sentence of death reduced to life imprisonment. On the principle of consistency in awarding sentence no distinction can be made in respect of Allah Bakhsh appellant. Therefore, his death sentence is reduced to life imprisonment on the principle of consistency in the sentence and in the safe administration of criminal justice. However, the sentence of life imprisonment awarded to appellant Ahmad Bakhsh is maintained. The appeal is partly allowed in terms stated above.