1990 PLP 1101 (SCMR)

ABDUL SHAKURUL SALAM, J.‑‑‑Mazhar, respondent No, alongwith his three brothers and father was tried under sections 148, 302/149 and 307/149, P.P.C. by the learned Sessions Judge, Jhang who vide order dated 11‑1‑1984 found that there was a scuffle between the accused and the complainant party, in which Mazhar, respondent No.1, fired at Haq Nawaz resulting in the latter's death. The former was found guilty of culpable homicide not amounting to murder under section 304, P.P.C. and was sentenced to life imprisonment and fine of Rs.10.000 or three years rigorous imprisonment in default thereof, The amount of fine if realised was to be paid to the heirs of the deceased as compensation under section 382‑B, Cr.P.C. The three brothers and father were acquitted.'' The convict Mazhar filed Criminal Appeal No. 196 of 1984. The complainant Zulfiqar, the petitioner, filed Criminal Revision Petition No. 258 of 1984 against acquittal of the accused. These were taken up together by a learned Single Judge of the Lahore High Court, Lahore who vide order dated 29‑4‑1987 upheld the conviction of Mazhar under section 304, Part I, P.P.C. But the sentence of imprisonment was reduced from imprisonment for life to rigorous imprisonment for 10 years. Fine of Rs.10,000 was maintained, but in default, rigorous imprisonment was reduced from three years to two years. The benefit of section 382‑B, Cr.P.C. was upheld. The appeal was thus disposed of. Criminal revision against acquittal was, however, dismissed. This is vide order dated 29‑4‑1987. The complainant has come up seeking leave to appeal against the aforesaid order of the learned High Court. The learned counsel for the petitioner did not press the petition as against the acquitted accused viz. respondents 2 to

5. Petition against them is, therefore, dismissed. As regards Mazhar, respondent No. 1, the contention of the learned counsel for the petitioner is that the respondent fired straight at close range on the deceased causing the following injuries: "(1) A firearm wound of entrance oval in shape, 7 cm x 6 cm x unprobed on front of right abdomen (right hygochondrum) with intestine coming out of the wound. (2) A firearm wound 4 x 4 cm into bone deep on back of left hand at the base of left index finger with crushing of soft issue and bone. Wound of entry and exit cannot be distinguished. ' (3) A firearm wound with blackening of margins 3 x 5 cm x skin deep in front of left upper arm near elbow." The intention to kill was obvious. He should have been found guilty under section 302, P.P.C. and awarded normal sentence of death. In any case, the sentence of life imprisonment awarded to the respondent by the learned trial Court has been reduced to 10 years, without giving any reason whatsoever. Contentions raised require consideration. Leave is granted as against Mazhar son of Chiragh respondent No.

1. Non‑bailable warrants to issue against him. N.H.Q./Z‑93/S Leave to appeal granted.