1984 P Cr (PLP)

Muhammad Rafi Siddiqui for the State. Date of hearing: 18th May, 1983. The revision petition is directed against the order, dated 13th January, 1982 of Additional Sessions Judge, Sargodha, whereby the learned Additional Sessions Judge dismissed the appeal filed by the petitioner against the order, dated 25th October, 1981 of Magistrate Section

30. Jauharabad, whereof the learned Magistrate convicted the petitioner under section

307. P. P. C. and sentenced him to undergo four years' R.1. He was also sentenced to pay a fine of Rs. 2,000, in default to suffer six months' R. L, Rs. 1,500 after realization, .was directed to be paid to Muhammad Sher complainant. Mian Muhammad, brother of the petitioner, was not challaned. Sher Baz, co-accused, who was father of the petitioner, died during the trial. Learned counsel for the petitioner has stated that he was murdered by the other party.

2. The allegation against the petitioner is that while armed with hatchet and accompanied by co-accused Mian Muhammad and Sher Baz,. who were also armed with hatchets, assaulted Muhammad Sher complainant (P. W. 1). The complainant received in all three injuries. Each one of the assailants had caused one injury. The motive for the occurrence was that cousin of Muhammad Sher had murdered. a cousin of Sher Baz. The other motive was that the com plainant had a dispute over the land with Sher Baz, co-accused.

3. The prosecution evidence consists of six witnesses. Muhammad Sher (P. W. 1) and Sahib Khan (P. W. 2) have furnished the eye-witness account. Both have corroborated each other and have stated that the petitioner accompanied by his two co-accused had assaulted Muhammad Sher and had caused one injury with Kulhari. Muhammad Sher has also stated the motive for the occurrence.

4. Learned counsel for the petitioner has contended that no recovery was effected from the petitioner as such there was no corroboration, of the eye-witness account. He has contended that it is prosecution's own case that previous enmity existed between the complainant and the petitioner. Lastly, he has contended that brother of the petitioner had died after the registration of this case and his father also died having been murdered and as such a case for mitigation is made out, particularly in view of the fact that he has been held responsible for having caused only one injury.

5. Learned counsel for the State has controverted the arguments of the learned counsel for the petitioner and has stated that Sahib Khan P. W. 2 is an independent witness and has supported the eye-witness account.

6. I have considered the arguments of the learned counsel for the parties, have gone through the record and have perused the judgments of the lower Courts. It was a day-light occurrence. The statement of the complainant stands corroborated by the evidence of Sahib Khan (P. W. 2), The motive for the occurrence has also not been denied. The eye-witness account finds corroboration from the evidence of motive and further stands corroborated by the medical evidence. The learned trial Court has given sound reasons for recording conviction of the petitioner. The learned appellate Court has dismissed the appeal after having considered all aspects of the case. No case for interference by way of exercising revisional powers has been made out insofar as the conviction of the petitioner is concerned. However, keeping in view, that the petitioner since after his conviction was never released on bail and as such by this time has under gone about two years R. I. He had also remained-in jail during trial for five months. He might have earned some remission also. He has lost his brother and father both who were also named as accused in this case. He was alleged to have caused only one injury. I feel inclined to agree with the learned counsel for the petitioner that a case of mitigation has been made out. In the, circumstances, sentence of rigorous imprisonment is reduced to that already undergone. The sentence of fine is, however, maintained. With the reduction in sentence, the revision petition stands dismissed. S. G. D. Sentence reduced.