' Muhammad Shah and Muhammad Din sons of Nawab, petitioners, have filed this revision against the judgment dated 30-102000 rendered by the Additional Sessions Judge; Bahawalnagar, whereby he dismissed the appeal of the petitioners and convicted and sentenced them as under:- -
(i) Muhammad Shah was convicted under section 337-F(i), P.P.C. And sentenced to undergo for a period of one year's R.I. Sentence of "Daman" amounting to Rs,5,000 was also imposed upon him' in default thereof he was to remain in prison till the payment.
(ii) Muhammad Din was convicted under section 337-F(i), P.P.C. And sentenced to one year's R.I.
' Benefit of section 382-B, Cr.P.C. Was extended to the petitioners.
2. The brief facts are, that Muhammad Sharif P.W.4 narrated the occurrence on 2-3-1994 at Police Station Saddar, Bahawalnagar on the basis of which a report Exh.P.D. Was entered in the daily diary.
After receipt of medical evidence formal F.I.R. Exh.P.D./1 was registered by Muhammad Rasool, S.-I.
3. According to F.I.R. At about 4/5 p.m. Muhammad Sharif complainant went to his fields and while he was standing there, Muhammad Din and Muhammad Shah (petitioners), who were armed with sticks, started causing injuries to him. It was further stated in the F.I.R. That the complainant was rescued by Muhammad Sarfraz and Allah Yar P.Ws.
4. The motive as set down in the F.I.R. Was that two months prior to the occurrence, the petitioners had caused damage to the cotton crop belonging to the complainant and when the complainant's son complained about it, the petitioners gave beating to him.
5. After registration of the case, the investigation ensued and the petitioners were sent to face trial.
6. During trial, the prosecution produced six witnesses in support of the case. P.W.1 Muhammad Sarfraz, P.W.2 Allah Yar and Muhammad Sharif-complainant P.W.4 appeared as eye-witnesses.
P.W.3 Dr. Shamshad Hussain furnished the medical evidence. P.W.6 Muhammad Ramzan stated about the investigation of the case while P.W.5 stated about the recovery.
7. Statements of the petitioners were recorded by the learned trial Court under section 342, Cr.P.C., wherein the petitioners denied the allegations. Muhammad Shah petitioner appeared as D.W.1 in accordance with section 340(2), Cr.P.C., Manzoor Ahmad D.W.2 also appeared in defence of the petitioners and stated that P.W.4 received injuries after falling from the camel.
8. After conclusion of the trial, the petitioners were convicted by the learned trial Court vide judgment dated 27-12-1999. The appeal of the petitioners was decided by the learned Additional Sessions Judge, as mentioned above.
9. At the very outset, the learned counsel for the petitioners has submitted that he would not challenge the conviction of the petitioners and would ask for reduction of sentence in the circumstances of the case.
10. The learned A.A.-G. Has submitted that since the conviction was being maintained, he felt satisfied.
11. I have heard the learned counsel for the parties and scanned the whole record. The occurrence took place in the year 1994. The petitioners have been facing agony up till now. The learned Additional Sessions Judge convicted the petitioners for causing simple injuries to the complainant.
The petitioners were sent to Jail by the learned Appellate Court on 30-10-2000. They were admitted to bail by this Court on 22-12-2000 and remained in Jail for about two months. The petitioners also spent a considerable time behind the bars, prior to their admission to bail. It would not be in the interest of justice if the petitioners are sent to Jail after such a long lapse of time.
12. Considering all these circumstances, I maintain conviction of the petitioners. However, I reduce their sentence of imprisonment from one year's R.I. Each to that of already undergone by them. The sentence of "Daman" imposed upon Muhammad Shah-petitioner is maintained. Muhammad Shah-petitioner would deposit the amount of Daman before the trial Court within two months. In case the amount of Daman is not paid within the specified period, the trial Court would proceed in accordance with law against Muhammad Shah regarding the recovery of Daman.
13. With the above modifications, this revision is disposed of.