1986 PLP 1047 (MLD)

A. Ghafoor Mangi, A.‑A.G. for the State. Date of hearing: 1st April, 1986. This Criminal Revision has been filed by applicant Shahid Akhtar against the judgment of Vth Additional Sessions Judge, Karachi, who dismissed his appeal. Briefly the case of prosecution is that on 5‑12‑1976 applicant Shahid alongwith Muhammad Anis and Abdul Razak in furtherance of common intention caused grievous hurt to Najibullah alias Haji at Boulton Market at Saleh Muhammad Street by Chhurri. The case proceeded and first Class agistrate Mithadar Kharadar (South) Karachi, convicted all the accused under section 326/34, P.P.C. and entenced them to undergo R.I. for each one year and also pay fine of Rs. 1,000 in default of payment of fine to undergo R.I. for one month. The appellants filed an appeal. The learned Vth Additional Sessions Judge, Karachi by judgment dated 15‑4‑1984 dismissed their appeal but sentence of co‑accused Muhammad Anis and Abdul Razak was reduced to already undergone but sentence passed against applicant was maintained. Mrs. Salma Nasiruddin appearing for the applicant at the very outset submitted that she does not press criminal revision on merits but pray for leniency in sentence on the ground that complainant and his companions were teasing a girl on which applicant She submitted them and in fight complainant sustained one injury applicant while doing moral duty was attacked and he in his defence caused injury, therefore, his case deserves for mercy in sentence. Mr. Abdul Ghafoor. Mangi, A.‑A.G. for the State, stated that fight was sudden one and applicant while preventing other persons not to tease the ladies was involved in fight, therefore, case deserves consideration. The motive shown in the F.I.R. is that fight ensued when complainant party started humiliating ladies sitting in the bus. This is a case of 1976 The applicant was convicted on 18‑11‑1978 by the Firs Class Magistrate and appeal was decided by the learned Additiona Sessions Judge on 15‑4‑1984 after lapse of about more than 5 years. The present revision petition is pending in this Court since last tw years as it was filed on 17‑4‑1984. The petitioner has undergone mental torture and suffered agony of protected trial for about 10 years. H must have lost money on litigation, first in the trial Court then in th appellate Court and finally in this Court. I can safely say that applicant was doing moral duty and prevented the persons from teasing the girl and in that, context he caused hemotherax injury to the complainant. However no one can be permitted to exceed the right of self‑defence but the sentence in circumstances of the present case is such that th case of applicant deserves leniency. I, therefore, in the‑ends of justice reduce the sentence of the applicant to imprisonment already undergon leaving the sentence and fine unaltered. Subject to the above modification in the sentence this Criminal Revision Application is dismissed. S. A. Dismissed.