2012 P Cr (PLP)

IJAZ AHMAD CHAUDHRY, C.J.

All the twelve appellants-petitioners were convicted for an offence under section 302(b), P.P.C. vide judgment dated 26-3-2010 passed by the learned Additional Sessions Judge, Sargodha and were sentenced to imprisonment for life each and to pay a sum of Rs. 50,000 to the heirs of Muhammad Ramzan deceased by way of compensation under section 544-A, Cr.P.C. or in default of payment thereof to undergo simple imprisonment for six months each. The appellants-petitioners were further convicted under section 324, P.P.C. on two counts and were sentenced to rigorous imprisonment for seven years each and to pay a fine of Rs. 10,000 each or in default of payment thereof to further undergo simple imprisonment for three months, each. The appellants-petitioners were also convicted for an offences under sections 337-F(iv), P.P.C. on two counts and were sentenced to undergo rigorous imprisonment for five years each and to pay Daman of Rs.10,000 each. The appellants were also convicted for an offence under section 337-F(i), P.P.C. and were sentenced to rigorous imprisonment for one year each and to pay Daman of Rs.5,000 each. The appellants were further convicted for an offence under section 337-F(vi), P.P.C. and were sentenced to rigorous imprisonment for seven years each and to pay Daman of Rs.10,000 each. The appellants were further convicted under section 148, P.P.C. and were sentenced to undergo rigorous imprisonment for one year each. However, the benefit of section 382-B, Cr.P.C. is extended to all the appellants-petitioners. The appellants have challenged their convictions and sentences passed against them through the above said appeal before this Court.

2. During the pendency of this appeal before this Court Criminal Miscellaneous No.1339-M of 2011 has been filed seeking acquittal of the appellants on the basis of compromise arrived at between the parties. This Court forwarded the matter of compromise to the learned Sessions Judge, Sargodha for verification and according to the report submitted in this regard Muhammad Ramzan son of Gull Muhammad, deceased was survived by his father Gull Muhammad and mother Mst. Maqsoodan Bibi. Both the heirs of the deceased have exonerated the appellants in the name of Almighty Allah and waived their right of Qisas, without receiving any Badl-e-Sulh. Both of them appeared before the learned Sessions Judge, Sargodha and have stated in unison that they have no objection if the appellants are acquitted by this Court on the basis of the compromise. It is significant to point out here that besides the deceased three persons namely Muhammad Naeem Ullah Muhammad Kashif and Muhammad Asghar were also injured during the occurrence. Out of the above mentioned three injured Muhammad Naeem Ullah injured appeared before the learned Sessions Judge, Sargodha and pardoned the appellants in the name of Almighty Allah whereas Muhammad Kashif (minor) appeared along with his mother Mst. Feroze who too pardoned the appellants in the name of Almighty Allah and Defence Saving Certificate amounting to Rs.25,000 been handed over to her while retaining photocopies of the same in the record. However, one of the injured person namely Muhammad Asghar has not effected compromise with the appellants. Resultantly this application to the extent of all the appellants except Abdul Rauf and Muhammad Ramzan is accepted and they are acquitted of the charges.

3. As far as convictions of all the appellants except Abdul Rauf and Muhammad Ramzan for murderous assault on Asghar alias Malanga injured under section 324, P.P.C. is concerned the same is not justified as the injuries were admittedly not caused by the aforesaid appellants and it were only Abdul Rauf and Muhammad Ramzan who had caused injures on his person. Accordingly the convictions of all the appellants recorded under the aforesaid offence is also set aside and they are acquitted of the charge. So far as the case of Abdul Rauf and Muhammad Ramzan is concerned they have not been given pardon by the injured Asghar alias Malanga to whom they caused injuries. At this stage the learned counsel-submits that he would be satisfied and would not press the appeal if the sentences of both the aforesaid appellants are reduced to a reasonable extent. The learned Additional Prosecutor-General on the other hand submits that since conviction is being maintained he is satisfied, however, the matter of reduction of sentence is the discretion of the Court. 5(sic). I have considered the submission made by the learned counsel for reduction of sentences of Muhammad Raman and Abdul Rauf who were convicted and sentenced for causing injuries to Muhammad Asghar injured under sections 324/337-F(iv)/337-F(vi)/148, P.P.C. Both the appellants have already undergone the major portion of their sentences and they have already suffered a lot the agony and anguish of a protracted trial. Accordingly while maintaining their convictions recorded under rest of the offences their convictions and sentences under sections 324/337-F(vi), P.P.C. are reduced to five years' R.I. However, the other directions of paying Daman and the sentences in lieu thereof remain intact. Their sentences shall run concurrently and benefit, under section 382-B, Cr.P.C. shall also be extended in their favour.

6. With the above modification in the convictions and sentences the impugned judgment qua Ghulam Shabbir, Muhammad Bashir, Muhammad Sultan, Ghulam Abbas, Muhammad Bashir son of Muhammad Amir, Khalid Mahmood, Imam Bakhsh, Zulfiqar, Muhammad Ijaz and Khuda Bakhsh is set aside and they are acquitted of the charges on the basis of compromise. The appellants namely Muhammad Sultan, Khalid Mahmood, Imam Bakhsh, Zulfiqar and Muhammad Ijaz are on bail. Their bail bonds are cancelled and sureties are discharged. The rest of the appellants are in jail, they shall be released forthwith if not required to be detained in connection with any other case. The appeal to the extent of Muhammad Ramzan and Abdul Rauf with the above modification qua their convictions and sentences is hereby dismissed. M.W.A./G-2/L Order accordingly.