1. ' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 19-6-2001 passed by a learned Single Judge of the Lahore High Court, Lahore whereby Criminal Appeal No,209 of 1999 was disposed of to the extent of Ghulam Ali, co-accused, while the same in respect of the petitioner was dismissed on the statement made by his learned counsel.
2. ' The facts briefly narrated for the disposal of this petition are that F.I.R. No,20 was registered on 30- 6-1997 under sections 302/324/148/149, P.P.C. At Police Station Jaura Kalan, District Khushab, at the instance of Noor Muhammad (P.W.9) against the petitioner and others. It was the case of the complainant that the petitioner alongwith his co-accused, armed with lethal weapons, formed an unlawful assembly and with premeditation opened a murderous assault upon the complainant party wherein Ahmed Khan lost his life while Muhammad Khan and Manzoor Hussain P.Ws.
3. Sustained injuries.
4. ' After usual investigation the challan was submitted against the petitioner and his co-accused in the Court. The prosecution in order to establish its case examined 11 witnesses. When the accused were examined under section 342, Cr.P.C. They denied their participation in the occurrence while one of the co-accused Akbar Ali produced 4 witnesses in support of his defence. He took up the follwing plea:-- "I received injuries on account of assault carried out by Noor Muhammad and others. My injuries were suppressed. True facts are that about 4 Kanals of land bearing Khasra No,1041/2/1 located in Jamali is in my possession Revenue Record in collusion with Din Muhammad Patwari in his favour. I preferred a petition before District Collector who passed an order of correction of revenue entry.
5. Thereafter, Noor Muhammad preferred a civil suit by misrepresentation of facts and produced status quo order. A local commissioner was appointed in the case who submitted report in my favour. Thereafter, for the second time, a local commissioner was appointed. Local Commissioner was to submit report by 5-7-1997. Prior to that date, Noor Muhammad, Ahmad Khan, Muhammad Khan, Ghulam Muhammad, Faiz Muhammad, Yar Muhammad, Muhammad Ramzan, Manzoor Hussain son of Zaman, Muhammad Nazir and Ashique armed with lethal weapons came to my Daira wherein I along with Ghulam Ali, Nazim Ali and Tanvir Hussain were available. Noor Muhammad and others encircled us and committed merciless beatings. As a result of which I along with Ghulam Ali, Nazim Ali and Tanvir Hussain were seriously injured. Since it was dark night so on account of indiscriminate firing of Noor Muhammad and others Ahmad Khan, Muhammad Khan, Yar Muhammad, Manzoor Hussain and Noor Muhammad were also injured. I alongwith my companions never opened firing whatsoever at Noor Muhammad and others. I alongwith others was just empty-handed. Our injuries were suppressed and this case was falsely registered. I made an effort for the registration of a case but on account of political influence of complainant party case could not be registered. Thereafter, I prepared a direct complaint which is pending in this Court."
6. ' The learned trial Judge after scanning the entire evidence came to the conclusion that it was a free fight in which both the sides sustained injuries. He convicted the petitioner to five years' R.I. And a fine of Rs,20,000 and in default to suffer R.I. For six months, whereas Ghulam Ali co-accused was found guilty of committing Qatl-e-Amd of Ahmed Khan and was sentenced to imprisonment for life under section 302(b), P.P.C. And a fine of Rs,50,000 to be paid as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C. The other co-accused Nazim Ali was awarded sentence of five years' R.I. And a fine of Rs,20,000 and in default to undergo R.I. For six months.
7. ' The petitioner assailed his conviction and sentence against the above judgment in the Lahore High Court, Lahore, and a learned Single Judge through his judgment dated 19-6-2001 upheld the conviction and sentence awarded to the petitioner by the trial Court on the basis of statement made by his learned counsel. Hence this petition.
8. We have considered the contentions of the learned counsel and have gone the entire evidence brought on record with his assistance. We have noticed that the prosecution in order to establish its case produced 11 witnesses. The ocular account has been narrated in its material particulars by Muhammad Khan (P.W.4), Manzoor Hussain (P.W.5), Yar Muhammad (P.W.7) and Noor Muhammad (P.W. 9) apart from Ghulam Muhammad (P.W.6). The first four witnesses sustained injures during the occurrence and their presence at the spot is natural and has been established to the hilt. The petitioner as well as 3 other co-accused namely Akbar Ali, Ghulam Ali and Nazim Ali also sustained injuries in the scuffle. The stance of the accused side that they were not armed with any weapon and the injuries suffered by the complainant side wherein one person Ahmad Khan lost his life and four witnesses sustained injuries were caused due to the indiscriminate firing made by the complainant side, does not stand to reason and is not plausible in the facts and circumstances of the case in hand. The learned Additional Sessions Judge has rightly determined it a case of free fight and convicted the petitioner Tanveer Hussain under section 324, P.P.C. Sentencing him to five years' R.I. With a fine of Rs,20,000. He took exception to his conviction and sentence through Criminal Appeal No,209 of 1999. However, his learned counsel did not press his appeal whereby the learned Single Judge of the Lahore High Court dismissed the same. It would be appropriate to reproduce the said paragraph from the impugned judgment which is in the following terms:-- "10. Learned counsel for the appellant, at the very outset, submitted that Tanveer Hussain and Nazim Ali appellants had already served out their sentence of imprisonment and under instructions, he would not press this appeal to their extent. In this view of the matter, instant appeal to the extent of Tanvir Hussain and Nazim Ali appellants stands dismissed."
9. ' In this view of the matter, the present petition is not maintainable on this score alone but since we have gone through the entire evidence with the assistance of the learned counsel, we are not persuaded to interfere with the same.
10. ' Resultantly, for what has been stated above, the instant petition being without any merit is dismissed and .