1984 P Cr (PLP)

Zakir, Zawar, Khalid, Abbas, Ilyas and Amir were tried for having murderously assaulted Jalla, Shameer and Hamid. On 23rd June, 1980, they were convicted by Mr. Saadat Ali, Magistrate, Section 30, Jaranwala, and were sentenced under section 148, P. P. C. to 3 years' R. I., under section 307, P. P. C. read with section 149, P. P. C. to 7 years' R. I. each and to a fine of Rs. 1,000 in default to undergo 3 months' R. 1. further. Amir, alone was convicted under section 325, P. P. C. and sentenced to 3 years' R.

1. Abbas, Zawar and Ilyas were also convicted under section 323, P. P. C. and sentenced to one year R. 1. each. Their sentences were ordered to run consecutively. The convicts have come up in appeal.

2. The motive for the crime in this case is previous criminal litigation between the parties. Agara father of Zakir, Khalid and Zawar, accused, was murdered. They suspected Jalla, P. W. who was tried but later acquit ted. According to the prosecution, on 25th July, 1979 at about 3 p. m. Zakir armed with a knife and the remaining accused armed with sticks came over to the Railway Station Tandlianwala. Jalla, Hamid son of Murad, Shameer, Sultan and Hamid son of Waryam also came over at the platform, as they were to go to Jhok Ditawala. As the train arrived, the accused pounced over the witnesses after raising lalkaras that they would not be spared. Jalla, Shameer and Hamid son of Murad received injuries at their hands. In the meanwhile, Muhammad Ali and Muhammad Yousuf, Constables, Railway Police, appeared on the scene. They tried to apprehend the accused but they made good their escape. The injured were got examined by P. W. 11 Dr. Muhammad Sadiq, M. O., Civil Hospital, Tandlianwala. After the medical certificates were obtained of the three injured. The case was registered at Railway Police Station, Jaranwala, the same day which was investigated by P. W. 7 Muhammad Hussain Shah, S.-I. After completing the investigation, the accused were sent up for trial. They denied guilt and ascribed the case to enmity. They led no evidence in defence. The three eye-witnesses fully corrobora ted each other. The doctor found two fractures i.e. one of Jalla's ulna bone and answer of the thumb of Hamid son of Murad. The rest of the injuries suffered by the P. Ws. were simple in nature, although, some of them were on the head of Jalla and Hamid.

3. Learned counsel for the appellants contended that if the accused had the intention to kill, they could have inflicted injuries on the vital part of the body with a greater force. I have considered the matter. A Undoubtedly, the injuries on the vital part of the body are simple in nature. The fractures are also not on the vital part of the body. I, therefore. alter their conviction from section 307, P. P. C. to 325, P. P. C. The appellants remained in the jail for about a year before their convic tion and thereafter they have almost suffered 1 months less than three years' detention. Taking into consideration, both the periods, I direct that the sentence already undergone by them on all counts would meet the ends of justice. The sentence of fine is also remitted. The appeal is accepted to this extent only. M.B. A. Appeal accepted.