1. ' Mukhtar Ahmad alias Mukhoo son of Muhammad Khan was tried by learned Additional Sessions Judge, Bhalwal, District Sargodha, in case F.I.R. (Exh.P.K.) No,212 dated 28-10-1998 under section 302/34, P.P.C. Registered at Police Station Phularwan, at the instance of Mitha Khan P.W.10 and vide impugned judgment dated 24-9-2001, he was convicted under section 311, P.P.C. And was sentenced to 14 years' R.I. For the. Murder of Muhammad Nawaz. He was also ordered to pay 1/6th share of the Diyat amount to the mother of the deceased Mst. Ghulam Bevi, with benefit of section 382-B, Cr.P.C. Through the same judgment Muhammad Riaz co-accused was acquitted of the charge.
2. ' The brief facts of the prosecution case are that on 28-10-1998 at 9/10 a.m., the complainant alongwith his brother Muhammad Nawaz, nephew Ghalib Hussain and Khizar Hayat P.Ws. Were sitting in courtyard of Muhammad Nawaz deceased and door of the house was opened. Meanwhile Mukhtar Ahmad alias Mukhoo appellant armed with rifle and one unknown person also armed with rifle entered into the courtyard through the door. Mukhtar Ahmad alias Mukhoo raised a Lalkara to teach lesson for registration of a case against him and that he will not allow the deceased to go alive and thereafter he made a fire from his rifle at Muhammad Nawaz hitting on his thigh of left leg. Muhammad Nawaz fell on the ground after receiving the injuries and both the accused fled away from the spot. The motive for the occurrence was that Mukhtar Ahmad alias Mukhoo appellant had abducted Mst, Mussarat Parveen daughter of Muhammad Nawaz deceased regarding which a criminal case was registered at Police Station Malkwal and the appellant was proclaimed offender in the said case.
3. ' After recording of F.I.R., Muhammad Khan, S.-I. P.W.13 investigated the case. He prepared the injuries statement of the dead body through memo. Exh.P.D. And- inquest report through memo.
4. Exh.P.C. And collected the blood-stained earth from the spot through memo. Exh.P.L. Which was attested by Ghalib Hussain and Khizar Hayat P.Ws. He also took into possession the last-worn clothes of the deceased after post-mortem examination produced before him by Muhammad Ijaz, F.C. Through memo, Exh.P.E. Which was also attested by Muhammad Ijaz, F.C. Investigation was also conducted by Muhammad Azam, S.-I. Who arrested the appellant on 25-3-1999 who while in police custody on 31-3-1999 led to the recovery of the rifle .7 mm P.4 alongwith five live cartridges P.5/1 to 5 which were taken into possession vide memo. Exh.P.F. After completion of the investigation, challan against the appellant and his co-accused Riaz was submitted.
5. ' The trial Court framed the charge which was denied by the accused and they claimed trial.
6. ' During trial the prosecution examined as many as 16 witnesses to prove the guilt of the accused.
7. ' The medical evidence was furnished by Dr. Ata Muhammad Irfan Jaspal. P.W.1 who conducted the post-mortem examination and found the following injuries on the dead body of Muhammad Nawaz:--
(1) A circular lacerated wound 1 c.m. x 1 c.m. On the front of left lower thigh, 10 c.m. Above the left knee-joint. No burning and blackening Was present. Corresponding holes were present on the Qameez and Dhoti (wound of entry),
(2) A lacerated wound 6 c.m. x 8 c.m. On the posterior side of left lower thigh 2 c.m. Above the back of left knee-joint. Corresponding hole on Dhoti was present (wound of exit).
8. ' In his opinion the injuries were sufficient to cause death in the ordinary course of nature. They were anti-mortem and were caused by fire-arm.
9. ' The ocular account was furnished by Mitha Khan complainant P.W.10 and Khizar Hayat P.W.11.
10. ' The prosecution evidence was closed by tendering into evidence the report of Chemical Examiner Exh.P.U. And that of Serologist Exh. P. V.
11. ' After close of prosecution evidence, the statements of the accused under section 342, Cr.P.C. Were recorded. They denied the allegations and claimed their innocence and false involvement.
12. ' The trial culminated into the conviction of the appellant as mentioned above.
13. ' After conclusion of the trial, the legal heirs of the deceased Muhammad Nawaz; namely, Mst.
14. Jallan Bibi widow, Asia Parveen, Nazia Parveen and Mst. Mussarat Parveen daughters and Ghalib Hussain son of the deceased appeared before the trial Court and stated that they have compounded the offence with the accused and waived their right of Qisas and Diyat except Mst.
15. Ghulam Bevi the mother of the deceased. A The compromise was accepted and conviction under section 311, P.P.C. Was recorded with the order to pay 1/6th share of the Diyat amount to the mother of the deceased Mst. Ghulam Bevi and he was also sentenced to 14 years' R.I. On the ground that the appellant was a hardened and habitual offender as 26 criminal cases have been registered against him at different police stations.
16. ' Learned counsel for the appellant has not challenged the conviction recorded against the appellant. However, he has stated that maximum sentence provided under the law has been awarded by the B learned trial Court, by arguing that in none of the cases the appellant is convicted and the case has been decided on the basis of compromise, it has been prayed that the sentence be reduced adequately.
17. ' After hearing the learned counsel for the parties and perusing the record, I do not find any ground to interfere in the conviction recorded against the appellant and the learned counsel is justified in not challenging the conviction. As far as the sentence is concerned, most of the legal heirs of the deceased Muhammad Nawai except Mst. Ghulam Bevi the mother of the deceased have patched up with the appellant and have forgiven him by waiving their right of Qisas and Diyat, therefore, while maintaining the conviction and sentence of 1/6th share of the Diyat amount, substantive sentence of 14 years' R.I. Is reduced to '10 years' R.I. Which will meet the ends of justice. The benefit of section 3,82-B, Cr.P.C. Will also be available to the appellant.
18. ' The appeal is dismissed with the above modification. accordingly.