1992 P Cr (PLP)

The appellants have filed this appeal against the judgment, dated 23‑2‑1985 passed by Magistrate Section 30 (Judicial), Kasur, whereby they were convicted under section 397 P.P.C. and were sentenced to 7 years R.I. with a fine of Rs.5,000 each. In case of failure of fine they were ordered to further undergo 6 months R.I. Half of the fine in case of its realization was ordered to be paid to the injured as compensation under section 544‑A, Cr.P.C.

2. F.I.R. Exh.PA/1 in this case was recorded at the instance of Muhammad Hanif Nadeem injured P.W. at Police Station Chunian on 16‑1‑1983 under section 392, P.P.C. It was the case of the complainant that on '16‑1‑1983 at 6‑30 p.m. he was going to his village on a bicycle. When he reached near the field of Abdul Ghani in Chah Bangan within the vicinity of Attari Karam Singh, Amin alias Kaki, appellant, met him and asked him to make him sit on his cycle. On his refusal the appellant caught hold of the cycle from the rear. In the meantime Sher alias Sheru, appellant, appeared with a gun in his hand and caused two injuries on him. They succeeded in removing Rs.411 and his Identity Card from his person. The appellant was removed to the hospital. Dr. Muhammad Rafi P.W. 5 medically examined him and found the following injuries:‑ "(1) Four lacerated pellet wounds on the front of the chest, the wound of the entry .5 c.m x.3 c.m. (2) Lacerated wound 5 c.m. x 3 c.m. x bone deep on the back of left wrist, underlying bone was fractured. (3) Two pellet wounds on the outside of right upper arm of the shoulder, the underlying bone was fractured (wound of entry). (4) Two pellet wounds on the outside of right fore‑arm .3 c.m.‑x .2 c.m. wound dentry). (5) Two pellet wounds inside of right fore‑arm and at the level of injury No.4, the exit wound. (6) 6 pellet wounds .3 e.m. x .3 c.m. each inside.of right thigh‑‑‑the upper part (wound of entry)." The case was investigated by Abdul Shakoor, Inspector RW.10. He secured blood‑stained earth through Exh.P.B. from the place of occurrence. He arrested both the appellants on 1‑2‑1983. He recovered two empties from the place of occurrence which were attested by Khuda Baksh P.W.4. Recovery of gun as well as Identity Card of the complainant was effected at the pointation of Sher alias Sheru, appellant and they were taken into possession through memos. Exh.P.B. and Exh.P.E. respectively.

3. The prosecution examined 11 witnesses to establish its case. The learned counsel appearing for the appellants had stated at the very outset that he does not challenge the conviction of the appellants. He has further pointed out that Sher alias Sheru appellant, to whom the main role was attributed, had already served out his sentence. As far as Muhammad Amin alias Kaki appellant is concerned, he had served out about one year substantive part of his sentence. I have also noticed from the record that at the time of commission of offence Muhammad Amin appellant was hardly 14 years of age. He was arrested on the 1st of February, 1983 and remained in incarceration uptil 8th of May, 1983 on which date lie was admitted to bail. It is also in evidence that‑ no incriminating material was recovered from him. In these circumstances, taking the period of incarceration of Muhammad Amin alias Kaki appellant, his age and the role attributed to him, into consideration, I am of the opinion that in his case the sentence already served?? by him would amply meet the ends of justice. Accordingly, the appeal of Muhammad Amin alias is dismissed with the modification in the sentence as aforestated. Appeal of the appellant Sher alias Sheru is dismissed. S.A./S‑32/L ??????????????????????????????????????????????????????????????????????????????????????? Order accordingly.