1990 PLP 1306 (SCMR)

‑‑‑S. 307/34‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Leave to appeal was granted to further consider the case of accused whose role was at par with that of co‑accused who had been acquitted by High Court in appeal. Hafiz S.A. Rahman, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioners. Ch. Akhtar Ali, Advocate‑on‑Record for the Complainant. Nemo for the State. Date of hearing: 1st February, 1990. S. USMAN ALI SHAH, J.‑‑‑Khalid Mahmood and Muhammad Saleem petitioners alongwith Tariq, their co‑accused were tried by the Magistrate 1st Class Section 30 Attock, for an offence under section 307/34, P.P.C. for two effective .12 bore pistol shots at Arshad Javed complainant (P.W.1) at his Toil Agency, by Khalid Mahmood on 30‑3‑1978 at 10‑00 a.m. Petitioner No.2 and Tariq acquitted‑ accused were attributed the charge of dragging the injured complainant out of his premises. The learned trial Magistrate vide his order dated 6‑1‑1980, found the accused guilty of the offence and sentenced both the petitioners to 4‑1/2 years' R.I. with fine of Rs.1,000 each or in default of payment of fine each one of them is to suffer further R.I. for six months, and Tariq accused was sentenced to 2 years' R.I. with fine of Rs.500 or in default of payment to suffer further R.I. for six months. On appeal before the High Court a learned Single Judge vide impugned judgment acquitted Tariq by giving him the benefit of doubt and while maintaining the conviction of the petitioners under section 307, P.P.C., reduced the sentence of Muhammad Saleem to 2 years' R.I. and fine to Rs.500 or in default of payment to suffer further three months, the sentence of Khalid Mahmood was maintained. Both the petitioners were also given the benefit of section 382‑B, Cr.P.C. The petitioners now seek leave to appeal. We have heard the learned counsel for the parties and have gone through evidence on record. This a broad day occurrence, the role performed by Khalid Mahmood petitioner in this occurrence is that he was armed with .12 bore pistol and fired at the complainant, hitting him in front of his abdomen and with his second fire hit the complainant on his arm. The case against him is proved and he was rightly convicted and sentenced by the Courts below. However, his case was not pressed before us. The role attributed to Muhammad Saleem petitioner No.2 is that he and Tariq acquitted accused were empty handed and dragged the complainant out of his premises and no other overt act is attributed to him. His role is at par with that of Tanq acquitted accused. Therefore, we are of the opinion that the case of Muhammad Saleem needs further consideration. Leave to appeal is granted to him. He is also allowed an interim bail in the sum of A Rs.10,000 with two sureties each to the satisfaction of the District Magistrates , Attock, till the final disposal of his appeal. N.H.Q./K‑155/S Leave granted.