' This judgment will dispose of Criminal Appeal No,1808 of 2000 and Criminal Revision No,920 of 2000 directed against the judgment dated 27-11-2000 passed by the learned Additional Sessions Judge, Okara, whereby he convicted all the appellants under section 364/149, P.P.C. And sentenced them to undergo life imprisonment each with fine of Rs,20,000 each or in default one year, R.I each.
They were further directed to pay Rs,30,000 each to the legal heirs of the deceased as compensation under section 544-A, Cr.P.C. Or in default 6 months' R.I each. Benefit of section 382-B, Cr.P.C. Was also granted to them. All the accused/appellants were acquitted from the charge under section 302, P.P.C.
2. The facts in brief as narrated by the complainant in the F.I.R. Are that on 4-10-1999 the complainant alongwith his brother Abbas deceased, Akbar Ali and Malik Liaqat Ali were present at Taxi Stand Okara when at 1-30 p.m. Six persons who were previously known to them, namely Iftikhar, Jameel Ahmad son of Chandar Khan, Jameel son of Rati Khan, Afzal Bao, Shabbir alias Billa and Ghulam Mustafa came there and hired Toyota Town Ace `Dabba' bearing No,7353-LXA for going to Hujra. This vehicle was being driven by Abbas (deceased) brother of the complainant. Abbas deceased did not return back. Then the matter was reported to the police on 8-10-1999 at 2-45 p.m. By the complainant with the apprehension that vehicle was snatched and the driver Abbas was murdered by the above said accused persons.
3. After completing all the necessary formalities Jaffar Hussain, S.I. Along with his subordinate proceeded in search of the accused and on the way he received an information that a dead body was found in Rajbah Bulehwal. The dead body was got recovered from the Rajbah and the same was identified by Muhammad Ishaq and Jameel Haider. He also prepared the injury state Exh.P.P.
He took into possession last worn clothes of the deceased vide memo. Exh.P.R. Then investigation was entrusted 'to Riaz Ahmad Inspector/S.H.0 and he arrested Muhammad Jameel, Shabbir and Ghulam Mustafa accused on 5-11-1999 who pointed out place where they had thrown the dead body of the deceased. He also got recovered vehicle P.1, pistol P.2 and photocopy of Registration Book P.3 from Shabbir and Jameel vide memo. Exh.P.F. A revolver P.4 was got recovered on the pointation of Jameel son of Chandar Khan vide memo. Exh.P.G. He completed the incomplete challan and submitted for trial. Proceedings under section 87, Cr.P.C. Were initiated against Iftikhar Ahmad accused but on 26-1-2000 he was arrested by Muhammad Siddique, S.I. He also pointed out place of occurrence and got recovered dagger P.7 and original Registration Book P.8 vide memo. Exh.P.K. Accused Jameel son of Ratti Khan and Afzal were found innocent and their names were placed in Column No,2 of the challan form.
4. The prosecution in order to prove its case has produced as many 19 witnesses including Doctor, Investigating Officers, eye-witnesses and other relevant persons. After tendering in evidence the report of Chemical Examiner Exh.P.0 learned DDA closed the prosecution evidence. Thereafter, statements of the accused were recorded under section 342 Cr.P.C. In which they pleaded not guilty and claimed to be tried.
5. Learned counsel for the appellants in support of this appeal submits that there is unexplained delay of four days in lodging The that the prosecution has failed to prove its case against the appellants, that the learned trial Court has acquitted the appellants from the charge under section 302, P.P.C. Learned counsel for the appellants further submit that there is no reliable evidence on the record to connect the appellants with the commission of offence, that the witnesses produced by the prosecution. Are party men of the deceased while the complainant is real brother of the deceased. Adds that F.I.R. Was lodged after the recovery of dead body by Ahmad Din P.W.5 that the recoveries have been planted on the appellants, that the story of the prosecution is unnatural and improper. Lastly learned counsel for Jameel son or Ratti Khan and Afzal submits that they both were found innocent during the course of investigation and this fact was verified by Riaz Ahmad Cheema, Inspector/S.H.O.
6. On the other hand learned counsel for the State assisted by the learned counsel for the complainant submits that appellants have been named by three P.Ws. Namely. Akram, Muhammad Ishaq and Malik Liaqat Ali and their statements are corroborated with each other, that the learned trial Court has already taken a lenient view by acquitting them from the charge under section 302, P.P.C., that there was no previous background of enmity. They both support the judgment of the learned trial Court. Learned counsel for the complainant requests for enhancement of sentence in criminal revision.
7. I have heard the learned counsel for the parties. There are strong pieces of evidence in shape of ocular account i,e, P.W.12 to P.W.14 namely. Ishaq, Akbar Ali and Malik Liaqat Ali on record which connect the appellants with the present occurrence, in fact there was no previous background of enmity between the parties, that the witnesses produced by the prosecution are independent, that no previous enmity has been shown or proved on the record, but there is no previous involvement of the appellants in any case whatsoever. However, two of the accused namely Jameel son of Ratti Khan and Muhammad. Afzal were found innocent by Riaz Ahmad Cheema, S.H.O. And their innocence was also verified by Tariq Abbas, A.S.P. Riaz Ahmad Cheema, S.H.O. Was never declared hostile by the prosecution in this regard. Though, the opinion of the police officers is not binding on the Court but some time it becomes relevant in the peculiar circumstances of the case. Even according to the learned trial Court the charge under section 302, P.P.C. Has not been proved against the appellants. Keeping in view the above circumstances. I, while extending benefit of doubt, acquit Muhammad Jameel son of Ratti Khan and Muhammad Afzal from the charge under section 364, P.P.C. They are behind the bars. They are ordered to be released from Jail forthwith if they are not required in any other case.
8. As far as other appellants are concerned, they have been awarded life imprisonment by the learned trial Court. I think it would be sufficient to meet the ends of justice if their sentence is reduced from life to 10 years' R.I. However, the remaining sentences i,e, fine and compensation are maintained. Benefit of section 382-B, Cr.P.C. Is also granted to them.