1. CH. EJAZ YOUSAF, J.---Criminal Appeal No.286-L of 2000 is directed against the judgment dated 16-10-2000 passed by the learned Additional Sessions, Judge, Kasur whereby all the five appellants namely Muhammad. Basharat son of Rehmat Ali, Noor Ahmad alias Kali son of Qutab Din, Rashid Ahmed son of Bashir Ahmed, Zulfiqar alias Bhutto son of Chiragh Din and Rehmat Ali son of Allah Ditta were convicted and sentenced on different counts as under:-- (i)Under section 148, P.P.C.
2. One year's R.I. Each.
3. (ii)Under sections 302(b)/149, P.P.C.
4. Life imprisonment each and to pay a fine of Rs.50,000 each as compensation under section 544-A, Cr.P.C. To the legal heirs of the deceased Muhammad Yasin. In case of non realization of the amount of compensation each accused to undergo one month's S.I.
5. Appellants Rehmat Ali, Zulfiqar and Basharat were also convicted and sentenced as under:-- (i.e)Under section 324, P.P.C.
6. Five years' R.I. Each and a fine of Rs.1,000 each or in default to undergo one month's S. I. Each.
7. (iv)Under section 337-F(1), P.P.C.
8. One year's R.I. Each and also to pay a. Sum of Rs.1,000 as Daman or in case of non-payment to further undergo S. I. For one month each.
9. All the substantive sentences of imprisonment were ordered to run concurrently. Benefit of section 382-B, Cr.P.C. Was extended to the appellants. Criminal Revision No.50-L of 2000 has been filed by Muhammad Iqbal, petitioner/ complainant against the afore-mentioned judgment for enhancement of the sentences of the appellants/respondents. Since both these matters i.e. The criminal appeal as well as the revision arise out of the impugned judgment, therefore, the same are being disposed of by this single judgment.
2. Facts of the case, in brief, are that on 11-5-1997 at 2-30 a.m. Report was lodged by one Muhammad Iqbal son of Dargai with Police Station Saddar; District Kasur wherein, it was alleged that on 10-5-1997 at 4-00 p.m. The complainant's son namely, Muhammad Yaseen armed with Repeater, Rashid son of Sharif Caste Kamboo armed with an .8 mm gun, Ibrahim son of Siddique Caste Kamboo armed with a .7 mm rifle, Shabbir Ahmed son-of Habib Ahmed, Caste Kamboo also empty-handed, Barkat Ali son of Mengha Caste, Kamboo empty-handed, Inayat son of Khushi Muhammad, Caste Qureshi and Abdul Hamid son of Rehmat Caste Kamboo, were going in a jeep to attend Punchait at village Herdo Sahri from haveli Pharian Wali, which was convened in order to settle disputes with regard to some murder cases. When the afore-named persons reached near the graveyard of haveli Pharian Wali, the accused persons namely, Muhammad Anwar son of Murad armed with a .222 rifle, Muhammad Siddique son of Rehmat Ali armed with a .12 bore shotgun, Basharat son of Rehmat armed with a .222 rifle, Noor Muhammad alias Kali also armed with a .222 rifle, Ashiq son of Rehmat too armed with a .222 rifle, Bhutto son of Chiragh Din armed with an .8 mm gun, Boota son of Qutab Din armed with a .7 mm rifle, Caste Dogar resident of Bhawa Wala, Rehmat son of Allah Ditta, Caste Dogar, resident of N ad Ka Takia armed with a .12 bore shot gun, opened fire upon them. Muhammad Yaseen , received six pellets injuries near the Joint of left leg by the firing made by Muhammad Siddique He also received fire-arm injuries on his left leg below the ankle from the shot fired by Muhammad Anwar, fire-arm injury on the ankle of left leg and in the middle of right arm from the shot fired by Rehmat accused leaving blackish injury mark on the right arm and fire-arm injuries caused by Basharat on the bone of left knee and on the bone of the right arm. Shabir Ahmed son of Habib, Caste Kamboo received three fire-arm injuries on the right side of his chest and four injuries on the right side of his back from the shot fired by Muhammad Siddique and on tire right shoulder from the shot fired by Rehmat Ali, on the right flank from the shot fired by Bhutto, below the right flank from the shot fired by Basharat, on the right side of chest from the shot fired by: Boota, with their respective weapons of offence, while Inayat son of Khushi Muhammad received fire-arm injuries on his left thigh from the shot fired by Rashid accused. Thereafter all the accused persons, while raising Lalkaras and firing in the air, snatched the jeep and fled. It was further alleged that the complainant, after the incident shifted Yaseen and Shabir for medical treatment to D.H.Q. Hospital, Kasur, with the help of police, where, Muhammad Yaseen succumbed to the injuries. After procuring medical certificates of the injured and shifting the dead body to mortuary, the complainant alongwith Inayat son of Khushi Muhammad appeared before the police. It was claimed that the occurrence was seen by the companions of Yaseen deceased and the motive behind the occurrence was previous litigation regarding murders and quarrels. It was further alleged by the complainant that all accused persons in prosecution of their common object had launched murderous attack on his son and caused injuries to his companions. On the stated completion formal F.I.R. Bearing No.249 dated 11-5-1997 was registered at the said police station under sections 323, 302/382,148/149, P.R.C. And investigation was carried out in pursuance thereof. On the completion of investigation the accused persons were challaned to the Court for trial whereas, Muhammad Anwar son of Murad remained at large.
3. Charge was accordingly framed against the accused persons to which they pleaded not guilty and claimed trial.
4. At the trial, the prosecution in order to prove the charge and substantiate the allegations leveled against the accused persons produced 'twenty witnesses, in all. P.W.1, Abdul Hameed, Constable was entrusted with the warrant of arrest Exh.C.W.1/A of Muhammad Anwar son of Murad Ali, P.O. He produced in Court the report as C.W. 1/B alongwith proclamation Exh, C.W.1/C P.W.2 Dr Mumtaz Ahmed, D.H.Q., Hospital, Kasur had on 10-5-1997 examined injured Muhammad Hayat. He produced the M.L.R. As Exh. P.A. On 11-5-1997 he conducted post-mortem examination on the dead body of Muhammad Yaseen deceased and found as under:-- "It was a dead body of a male clad in blood-stained Boski colour Kamiz, white Bunian and Chadar.
10. Eyes closed. Mouth was semi-open. Pallor on face. Rigor martis present all over post-mortem stating present on the back. Corresponding holes were present on the clothes which are signed and handed over to the police. Left thigh and knee-joint and right forearm are bandaged, soaked with blood. Both legs and feet are meared with blood, sand and dust. I found the following injuries:- - (1)Six penetrating wounds in each -- x -- c.m. In area 9 x 6 c.m. On the inner and lower side of left thigh 6 c.m. Medial to patella, margins inverted (entry).
11. (2)A penetrating wound 3/3 x -- c.m. On the inner and upper part of left lower leg. 7 c.m. Medial to left tibial tuberosity.
12. (3)Nine penetrating wounds size 1 x 1 c. m. To 1-1/2 x 1 c. m. In area 11 x 7 c.m. On the front lower and outer part of left thigh just above and outer to patella. Margines were everted. Under Injuries Nos. 1, 2 and 3 there is multiple fracture of lower end of left femur and damage to the fermoral vessels.
13. (4)Abrasions 3 x 1-1/2 c.m. On the front of left knee-joint.
14. (5)Two penetrating wounds each 1-1/2 x 1 c.m. Oval in shape and margins burned and inverted 1 c. m. Apart on the outer side of right forearm 10 c.m. Blow the back of right elbow (entry).
15. (6)Two penetrating wounds 2-1/2 x 1 c.m. And 1-1/2 x 1 c.m. In size and 1-1/2 c.m. Apart on the front of right fore--arm, 5 c.m. From the wrist joint. Margins averted. Injuries Nos. 5 and 6 communicate with each other, under lying radius and ulna are fractured and vessels and soft tissues of right fore-- arm damaged.
16. (7)Abrasion 3 x 2 c.m. On the back of right wrist joint all injuries except Injuries Nos. 4 and 7 are due to fire--arm. The direction of injuries is from right to left and nearby horizontal. Injuries Nos. 4 and 7 are with blunt and may result from fall. Hyoid bone was intact. Stomach contained digested ehymic. Bladder contained urine. Rest of the organs were found healthy."