1989 P Cr (PLP)

‑‑‑S. 304/34‑‑Out of 16 injuries admittedly caused by accused on body of deceased, 15 injuries were found simple in nature and deceased had died because of rupture of his stomach‑‑Trial Court though after proper appreciation of evidence rightly concluded that offence committed by accused was punishable under S.304, P.P.C. but had not specified under which part of that section they were convicted‑‑From trend of order of Trial Court however, it appeared that accused had probably been convicted under Part II of S.304, P.P.C.‑‑In view of nature of injuries caused by accused on body of deceased, sentence of 10 years' R.I. (maximum sentence provided under Part II of S.304) awarded to accused by Trial Court, held was excessive‑‑High Court reduced sentence from 10 years' R.I. to 7 years' R.I., maintaining fine imposed upon accused and imprisonment in lieu thereof. Ghulam Nabi Awan and Hafiz Muhammad Yousaf for Appellants. S.M. Tayyab and Hafiz Ghulam Bari for the State. Date of hearing: 26th March, 1988. These three Criminal Appeals Nos. 367 of 1986, filed by Irshad Ahmad alias Bagga, No. 466 of 1986, filed by Ghulam Rasul, Ghulam Hussain alias Maula and No. 10‑J of 1987 of Muhammad Rafiq through Jail, arise from the judgment of the learned Additional Sessions Judge., Faisalabad whereby he on 28‑5‑1986 while acquitting Bashir Ahmad, Ghulam Rasul and Muhammad Gulzar of the charges, convicted Irshad Ahmad, Ghulam Rasul, Ghulam Hussain and Muhammad Rafiq appellants under section 304/34, P.P.C. and sentenced them to 10 years' R.I. and a fine of Rs.5,000 each and m default one year's R.I. each. I propose to dispose of three matters through single judgment.

2. Learned counsel for the appellants in Criminal Appeal Nos. 367 of 1986 and 466 of 1986 have not challenged the conviction of the appellants and rightly so: I find that there is ample reliable evidence to show that Abdul Manan deceased died as a result of injuries caused by the appellants. Out of 16 injuries found on his body, 15 were simple in nature and it was because of the rupture of stomach that he died. The learned trial Court has properly appreciated evidence and has rightly come to the conclusion that the offence committed by the appellants is punishable under section 304, P.P.C. The learned trial Court has not specified the part of section 304, P.P.C. under which the appellants have been convicted. From the trend of order it appears that the appellants have probably been convicted under section 304, Part II, P.P.C.

3. This brings me to the question of sentence I feel that in view of nature of injuries caused by the appellants, the sentence of 10 years' R.I. (maximum, sentence prescribed under Part II of section 304, P.P.C.) is excessive. The same is, therefore, reduced from 10 years' to 7 years' R.I. The line imposed upon them and imprisonment in lieu thereof are maintained. The three appeals are disposed I of accordingly. H.B.T./G‑174/L Order accordingly.