2001 P Cr (PLP)

Gul Bahar Korai for the State. Date of hearing: 17th November, 2000. Impugned in this criminal appeal is the judgment dated 22‑5‑1997, passed by learned Additional Sessions Judge, Ghotki in Sessions Case No.201 of 1994, whereby he acquitted accused Allah Dino and convicted the present appellant Muhammad Bux under section 302, P.P.C. and awarded him the sentence to suffer life imprisonment and fine of Rs.20,

000. The appellant had to suffer one year more in case of default. ‑The co‑accused Imam Bux and Loung were convicted under section 337‑A(i), P.P.C. and awarded the sentence to suffer R.I. for two years and fine of Rupees 10,000 each. They were to undergo one year mere in case they defaulted in payment. The facts in brief are that complainant Ali Muhammad lodged first information report at Police Station Khanpur Mahar on 22‑2‑1988, stating therein that he. his father, brother and cousin Jam were residing near village Mithri in their own land. The land of Allah Dino Gadani was adjacent to the land of complainant. About 2/3 months prior to the lodging of F.I.R. Allah Dino and others had developed dispute with the complainant party over the land. They threatened complainant party to leave the land else they would be murdered. On the day of incident, complainant alongwith his brothers Nek Muhammad, Khan Muhammad and cousin Jam went to Khanpur Mahar for some work.‑ At about 3 'p.m., complainant with his brothers and cousin reached in front of the shop of Hakoo Cabole. They were attacked by the accused party. Appellant Muhammad Bux was armed with pistol, Allah Dino with gun, Imam Bux and Loung with Lathis. Accused Muhammad Bux fired from his pistol upon Nek Muhammad which hit him on the right side of his face. Accused Allah Dino tired from his gun which hit him on his chest. Accused Imam Bux caused Lathi injuries to the complainant, whereas accused Loung caused Lathi blow to Khan Muhammad. Nek Muhammad succumbed to tire‑arm injuries. The F.I.R. was registered and police took up investigation. After completing the investigation, the case was sent up and tried by learned Additional Sessions Judge, Ghotki. The prosecution examined the witnesses and ultimately accused Allah Dino was acquitted whereas the appellant Muhammad Bux and two other co‑accused Imam Bux and Loung were convicted and were awarded the sentence in the terms stated above. At the very outset, it is stated by the learned counsel for the appellant that the accused had faced prolonged trial for about 9 years and thereafter since May, 1997, he is in custody. The learned counsel has stated that he does not press this criminal appeal and the appellant would be satisfied, if some lenient view is taken, keeping in view the agony of trial which he has faced and the period of custody for which he has remained inside the jail. Mr. Gul Bahar Korai, the learned counsel for the State has conceded to the aforesaid proposal and has suggested that if appellant is awarded sentence of rigorous imprisonment for 14 years, keeping in view the aforesaid facts and circumstances, it would meet the ends of justice. Accordingly, this Criminal Appeal NoA5 of 1997 is dismissed, but the sentence of life imprisonment is modified and reduced to 14 years. The amount of fine is reduced to Rs.10,000 from Rs.20,

000. In case of default, he has to undergo three months more. The amount of fine, if recovered is to be paid to the heirs of deceased. Needless to say that he is to be extended benefit of section 382‑B, Cr.P.C. N.H.Q./M‑141/K Sentence reduced.