2013 PLP 583 (SCMR)

ASIF SAEED KHAN KHOSA, J.

Criminal Appeal No.153-L of 2009. Shafiq-ur-Rehman appellant was tried in case F.I.R. No.34 registered at Police Station Kirana, District Sargodha on 12-3-2001 in respect of offences under sections 452/302/337-A(ii)/337-F(i)/34, P.P.C. in respect of an alleged murder of one Muhammad Rizwan and causing injuries to Iftikhar Ahmed and Mst. Mahmoodan Bibi in Chak No. 33 Janobi situated within the area of the above mentioned Police Station at about 8-00 a.m. on 12-3-2001. After holding a full-dressed trial the learned Additional Sessions Judge, Sargodha convicted the appellant for an offence under section 302(b), P.P.C. vide judgment dated 26-4-2002 and sentenced him to death as Ta'zir and to pay a sum of Rs.50,000 to the heirs of the deceased by way of compensation under section 544-A, Cr.P.C. The appellant was also convicted by the learned trial Court for an offence under section 452, P.P.C. and was sentenced to rigorous imprisonment for five years and a fine of Rs.5,000 or in default of payment thereof to undergo rigorous imprisonment for two months. He was further convicted for an offence under section 337-A(i), P.P.C. for causing an injury to Iftikhar Ahmed and was sentenced to imprisonment for one year as Ta'zir and to pay a sum of Rs.5,000 to the injured victim as Daman. The appellant was additionally convicted by the learned trial Court for an offence under section 337-F(i), P.P.C. for causing another injury to the same injured victim namely Iftikhar Ahmed and was sentenced to imprisonment for one year as Ta'zir and to pay a sum of Rs.5,000 to the said injured victim as Daman. The appellant challenged his convictions and sentences before the Lahore High Court, Lahore through Criminal Appeal No. 39-J of 2008 which was heard by a learned Division Bench of the said Court along with Murder Reference No.302 of 2002 and vide judgment dated 5-11-2008 the said Court dismissed the appellant's appeal but at the same time reduced his sentence of death to imprisonment for life while extending the benefit under section 382-B, Cr.P.C. to him. The Murder Reference was answered in the negative. Hence, the present appeal by leave of this Court granted on 3-6-2009.

2. We have heard the learned counsel for the appellant and the learned Additional Prosecutor-General, Punjab appearing for the State and have gone through the record of this case with their assistance.

3. At the outset the learned counsel for the appellant has stated that while reducing the sentence of death passed against the appellant to imprisonment for life the learned Division Bench of the Lahore High Court, Lahore had omitted to pass an order regarding concurrent running of all the sentences of imprisonment passed against the appellant and that he shall be satisfied if this Court disposes of this appeal by ordering that all the sentences of imprisonment passed against the appellant shall run concurrently to each other. The learned Additional Prosecutor-General, Punjab appearing for the State has maintained that extension of the prayed for benefit to the appellant lies within the discretion of this Court and, thus, he has nothing much to say in this regard.

4. All the offences for which the appellant had been convicted by the learned courts below had been committed in one and the same transaction and, thus, it shall serve the interests of justice if all the sentences of imprisonment passed against the appellant are ordered to run concurrently with each other. We understand that while reducing the appellant's sentence from death to imprisonment for life the learned Division Bench of the Lahore High Court, Lahore had inadvertently omitted ordering running of the sentences of imprisonment concurrently and we may, thus, supply the omission in that regard. This appeal is, therefore, dismissed as far as the convictions and sentences of the appellant are concerned but it is ordered that all the sentences of imprisonment passed against the appellant shall run concurrently with each other. This appeal is disposed of in these terms. Criminal Appeal No. 152-L of 2009

5. None has entered appearance to prosecute this appeal on behalf of the complainant/appellant. We have been informed that the learned counsel for the appellant namely Mr. Talib H. Rizvi, Senior Advocate Supreme Court has already passed away but we note that neither the appellant nor his learned Advocate-on-Record has entered appearance before us to prosecute this appeal nor any request has been received from them seeking an adjournment.

6. We further note that through this appeal the complainant/ appellant has sought enhancement of the sentence of imprisonment for life passed against the convict/respondent No.1 on the charge under section 302(b), P.P.C. to death. In this connection we find that elaborate reasons had been recorded by the learned Division Bench of the Lahore High Court, Lahore in the impugned judgment for reduction of the sentence of respondent No.1 from death to imprisonment for life. Those reasons included the fact that respondent No.1 was aged about twenty years at the time of the occurrence and it was at the bidding and command of his parents that respondent No.1 had fired at the deceased at the time of the incident. The High Court had further noticed that the immediate cause of occurrence had remained shrouded m mystery and even otherwise respondent No.1 was not personally involved in the motive set up by the prosecution. All these reasons recorded by the High Court for reduction of the sentence of respondent No.1 from death to imprisonment for life have been found by us to be valid and cogent reasons for such reduction and such reasons hardly call for interference by this Court, particularly at such a late stage when respondent No.1 has almost served out all of his sentences of imprisonment. This appeal is, therefore, dismissed. MWA/F-1/SC Order accordingl