IFTIKHAR HUSSAIN CHAUDHARY, C.J.---Muhammad Javed and 3 others were tried in the Court of Sessions Judge, Bhakkar in case F.I.R. No.7, dated 19-2-1997 for offence under sections 302/427/34, P.P.C. According to allegations contained in the F.I.R. On 18-2-1997, the complainant alongwith Zulfiqar Ali deceased, Lal Khan, Muhammad Bakhsh and Murad, P.Ws. Were present at Adda Bhidwal Wala at 7-15 a.m. And had approached there in bus No.FDE---5844. In the meanwhile Muhammad Javed accused driving his bus No.FDC-3665 came there and hit the aforesaid bus.
The complainant accompanied by Zulfiqar Ali deceased alighted from the bus and tried to settle the dispute. Qaisar Abbas, Muhammad Aslam Lutaf Khan and Muhammad Javed accused hurling abuse declared that they would not allow Bus No.FDE-5844 to ply on the route from Bhidwal Wala to Jhang. Muhammad Javed accused pushed Zulfiqar Ali deceased in between the two buses. The accused thereafter escaped from the place of incident. Zulfiqar Ali was removed to District Headquarters Hospital but he was referred to Nishtar Hospital, Multan where he died on 25-2-1997.
2. Motive behind the incident was that Muhammad Javed accused had resisted Mumtaz Hussain Driver not to ply the bus on the route where bus of the accused was already plying for the last 2 years. The political rivalry also existed between Muhammad Javed accused and Zulfiqar Ali deceased.
The matter was reported to police where case F.I.R. No.7, dated 19-2-1997 Exh.P.A/1 was registered at Police Station, Haidarabad.
3. On the completion of investigation, challan against Muhammad Javed, Qaisar Abbas, Muhammad Aslam, Lutaf Khan was sent up for trial to the Court of Sessions Judge, Bhakkar.
4. The accused were charged-sheeted under sections 427, P.P.C. And 302/34, P.P.C. To which they pleaded not guilty. Prosecution was thus called upon to lead evidence which produced 11 witnesses to prove its case.
5. Muhammad Arshad P. W.1, Ahmad Sher Patwari P.W.2, Munir Hussain P.W.5, Abid Hussain P. W.3, , Ahmad Nawaz appeared as P.W.4.
6. Muhammad Sarwar complainant appeared as P.W.6. He reaffirmed the narrative contained in the F.I.R. Lal Khan P.W.7 supported the version of the complainant.
7. Hamid Ullah, A.S.-I. P.W.8 deposed about having recorded statement of complainant Exh.P.A. And registered formal F.I.R. Muhammad Ramzan, A.S.-I. Appeared as P.W.9.
8. Dr. Abdur Razzaq P.W.10 conducted post-mortem examination of Zulfiqar and found five injuries on the dead body.
9. Azmat Hayat, S.-I. Appeared as .P.W.11.
10. The accused in their statements recorded under section 342, Cr.P:C., denied the prosecution case against them. However, Muhammad Javed accused (sic) that on the day of occurrence, Bus No.FDE-5844 was hired by someone for Barat which was being driven by Mumtaz Hussain Driver, while Zulfiqar deceased was also one of the members of the marriage party and was traveling in the said bus. Mumtaz Hussain driver was driving the bus rashly and negligently and while taking the turn hit Bus No.3665 and in this manner Zulfiqar deceased who was standing in the window of Bus No.FDE-5844 fell down and received injuries and he was made accused to save driver of Bus No.FDE-5844 from criminal liability for the said occurrence. The complainant party also in collusion with the political figures of the District and in collusion with the police got them involved in this case. The complainant party on account of enmity and to save Miuntaz Hussain by Muhammad Nawaz Bhatti the driver of the said bus. Police registered the case after consultation and deliberation and under the influence of opposing political figures of the district.
11. Learned trial Court believed the prosecution case to the extent of Muhammad Javed and convicted him under section 3,16, Pakistan Penal Code and sentenced to pay Diyat and imprisonment for 7 years' rigorous imprisonment as Tazir. He was also extended benefit of provisions of section 382-B, Cr.P.C. Rest of the accused, however, were acquitted by judgment' dated 3-8-1998 passed by Sessions Judge, Bhakkar.
12. The convict filed Criminal Appeal No.640 of 1998. Muhammad Sarwar complainant filed Criminal Appeal No.947 of 1998 and Criminal Revision. Petition No.442 of 1998 against the acquittal of Muhammad Aslam, Lutaf Khan and Qaisar Abbas and for enhancement of sentence awarded to Muhammad Javed, accused.
13. Learned counsel for the appellant contended that it was case of an accident and allegations that appellant had reversed the vehicle and Qaisar Abbas and others had thrown him under the bus were false and were not supported by evidence, most of which was disbelieved and benefit of which was given to the co-accused of the appellant who were acquitted of the charges. It was argued that under the facts and circumstances of the case, no case was made out against the accused and he deserved acquittal. Learned counsel for the complainant and State on the other hand contended that evidence proved that deceased was intentionally crushed by the appellant and he ought to have been convicted under section 302, P.P.C. And sentenced accordingly.
14. We have heard the learned counsel.
15. The incident itself has not been denied by the appellant. He, however, has raised the plea that the deceased while aboard a bus had fallen of that when driver of that bus had hit the bus being driven by the appellant and was injured and later died on account of injuries received in the process. That plea has not been found correct to considerable extent. The plea was raised only in order to show the case to be a case of pure and simple accident after scrutiny of evidence we have been unable to subscribe to that view. The evidence on record which read in proper perspective leads to the irresistible conclusion that the bus which was being driven by the appellant and bus belonging to his rival had tried to occupy a more attractive berth at the bus stop and in that process had pushed back 'the buses which belonged to the rival party and which was already parked at that place and in the process Zulfiqar fell in between the buses and sustained injuries which proved fatal. The conclusions and findings drawn by the trial Court in this context have been found to be in consonance with record and are upheld. A case under section 316, P.P.C. Squarely was made against the appellant and he was rightly convicted by the trial Court.
He is, therefore, sentenced to pay Diyat amounting to Rs.2,12,664.09 and also sentenced to imprisonment already undergone by him as Tazir. The appellant shall pay Diyat as provided for by section 331, P.P.C. And shall be released from custody when the entire liability is discharged by him or he can seek suspension of sentence from the trial Court as provided for by the aforesaid provision of law.
16. The prayer made by the complainant for enhancement of sentence and for setting aside acquittal of the co-accused of the appellant are not supported by any credible evidence. The trial Court had rightly disbelieved the prosecution case to the extent of acquitted accused and that judgment does not require interference. Criminal Appeal No.640 of 1998 filed by Muhammad Javed appellant stands dismissed with the above modification in sentence. Criminal Appeal No.947 of 1998 and Criminal Revision No. 442 of 1998 nave been found to be without merit and are dismissed.