1993 PCr (PLP)

Ch. Nazir Ahmad Gurdaspuri for Appellant. Ch. Imtiaz Ahmad for the State. Date of hearing: 20th September, 1992. Muhammad Ashraf appellant (Criminal Appeal No.220 of 1992) and Muhammad Bakhsh and Abdul Rehman appellants (Criminal Appeal No.248 of 1992) were tried by Magistrate Section 30, Bhakkar. All were convicted vide judgment dated 17-2-1992. Abdur Rehman was sentenced to six years' R.I. and a fine of Rs.10,000 or in default thereof one year's R.I. under section 307, P.P.C. Muhammad Ashraf and Muhammad Bakhsh were sentenced to two years' R.I. each and a fine of Rs.5,000 each or in default thereof six months' R.I. each under section 324/34, P.P.C. They have come up in appeals. Both are being disposed of by this single judgment.

2. The occurrence took place at about 3-00 p.m. in the Bazar of Bhakkar Town on 18-1-1987. Ghulam Hussain, complainant (P.W.3) and his maternal uncle's son Muhammad Nawaz, the injured (P.W.4) were going when the three appellants armed with knives emerged, assaulted Muhammad Nawaz and caused him as many as six injuries. Ghulam Hussain made statement (Exh.P.B./1) to the police and on its basis formal F.I.R. (Exh.P.B.) was registered at 4-45 p.m.

3. The case in the F.I.R. was that Ghulam Hussain complainant and Muhammad Nawaz (P.W.4) were going to purchase fertilizer when the latter was assaulted and injured. The motive alleged was that a few days before the occurrence Imam Bakhsh an uncle's son of the complainant had insulted the wife of Abdur Rehman, appellant and a case had been reported under section 354, P.P.C. To avenge the insult the assault had been mounted.

4. The appellants pleaded innocence m their statements at the close of the trial. However, the motive part of the story is an admitted fact on the record. The eye-witness account of the occurrence is given by Ghulam Hussain, complainant and Muhammad Nawaz (P.Ws. 3 and 4). The injured was soon taken to Dr. Nisar Hussain Malik (P.W.1) who medically examined Muhammad Nawaz and, X-rayed him. Injury No.l was found to be grievous and the rest of the five as simple. This grievous injury is ascribed to Abdur Rehman, Appellant. It is, however, a stab wound 1 c.m. x 1 c.m. under the right armpit and was profusely bleeding. Both Abdur Rehman and Muhammad appellants are real brothers. Ashraf, appellant is not related to them. The two eye-witnesses are, therefore, completely independent against the latter. In view of the motive part of the story the charge was also correctly concluded against Abdur Rehman and Muhammad Bakhsh appellant as well. After going through the statements of the witnesses there does not seem to be anything favourable to the appellants. The conclusion of the learned Magistrate is, therefore, affirmed.

5. The appeals against conviction, therefore, fail and are hereby dismissed. There being only one grievous injury and only six injuries have been caused by the three appellants, there being no interference in further causing of injuries, the conviction of Abdur Rehman, appellant under section 307, P.P.C., therefore, cannot be maintained. His conviction is converted to one under section 326, P.P.C. and his sentence reduced to three years' R.I. and a fine of Rs.5,000 or in default thereof six months'. R.I. The conviction and sentence of the other two appellants is maintained. Whole of the fine, if redlined, shall be paid to Muhammad Nawaz, the injured P.W. as compensation. The appellants would have the benefit of the provisions of section 382-B, Cr.P.C. N.H.O./M-608/L Order accordingly.