1987 PLP 1050 (SCMR)

MUHAMMAD AFZAL ZULLAH, J.‑‑This appeal through leave of the Court is directed against judgment of the Lahore High Court, dated 16‑4‑1979; whereby in a case of culpable homicide, attempt to commit murder, simple hurt and rioting, the High Court maintained the sentence of imprisonment for life under section 304, Part I and other sentences under sections 307, 323 and 324, P.P.C. by application of section 34, P.P.C. instead of application of section 149, P.P.C. The conviction and sentence for rioting under section 148, P.P.C., were, however, set aside. The substantive sentences were ordered to run concurrently. Leave to appeal was granted to examine the question of severity of sentence only. The case of the prosecution was that at about 2 p.m. on 31st of October, 1972, Muhammad Ali complainant borrowed water for 2 hours from Naimat Ali for giving it to Bashir who was earlier deprived of his turn of water by Kala appellant. This was not liked by Kala who along with Siddiq, Sharif, Ghulam Muhammad, the brother‑in‑law of Muhammad Ali, and Baja, armed with lethal weapons such as Takwas, Barchhi and sticks attacked Muhammad Ali, his son Sardar Ali, his wife Mst. Nur Bibi, Baig and Bashir, on the Lalkara given by Ghulam Muhammad, Sardar Ali deceased received Takwa and Barchhi blows upon which he fell down. Mst. Nur Bibi fell on him and received a Takwa blow on her shoulder while trying to save her son. Muhammad Ali also received injuries on his head Ghulam Muhammad gave a stick blow on his back and as Sharif wanted to cause a spear blow, he snatched it from him. Baig also received injuries while attempting to rescue Muhammad Ali. The incident was witnessed by Bashir and Nur but they were abandoned at the trial. In the attack, appellants, Kala, Baja and Sharif also received injuries. The defence plea that the complainant‑side were the aggressors and that is why the accused‑party suffered some injuries, was rejected and the appellants were found to be aggressors. At the time of granting leave to appeal, it was found, on merits, that "the High Court has, upon appraisal of the evidence, reached the conclusion that the petitioners were responsible for causing the injuries to the deceased and the other injured P.Ws. Their involvement was further corroborated by the recoveries of the incriminating articles and the presence of the injuries on their persons. I agree with this assessment of the High Court ". Learned counsel for the appellants has contended that the conviction not having been recorded under section 302, P.P.C. the sentence of life imprisonment under section 304, Part I, is on the harsher side. We do not agree with him. The conduct of the appellants, weapons used by them and the manner in which they dealt with the victims including the deceased is clear from the following narrative given in the High Court judgment: "He (Kala) and appellant Siddique armed with Takwas, appellant Sharif armed with Barchhi, their father appellant Ghulam Muhammad and their uncle Baja armed with sticks came to the spot. Complainant Muhammad Ali, his son Sardar Ali deceased Baig P.W. and his wife Mst. Noor Bibi were present with Bashir son of Boota. Appellant Ghulam Muhammad shouted that the complainant‑party should be taught lesson for irrigating the fields. At this appellant Muhammad Siddique gave a Takwa blow on the face, appellant Kala a Takwa blow on the right arm and appellant Sharif a Barchhi blow in the abdomen of the deceased, He fell down. When he was lying prone, appellant Ghulam Muhammad gave a stick blow on the right hand and appellant Kala another Takwa blow on the left buttock. Mst. Noor Bibi P.W. mother of the deceased fell over her son. Appellant Siddique gave her Takwa blow on the left shoulder. Muhammad Ali complainant then stepped forward but was dealt with by appellants Siddique and Kala, who gave him a Takwa blow each on the head. Appellant Ghulam Muhammad gave a stick blow on the back of Muhammad Ali. Sharif wanted to give him a spear blow but he (Muhammad Ali P.W.) attempted to snatch the same and thus his right palm and right little finger were injured. Baig P.W. came to the rescue of Muhammad Ali P.W. but he too was not spared. Appellant Sharif gave him a spear blow on the left thigh and Baja gave him a stick blow on the head." The numerous injuries suffered by the complainant‑side as compared to insignificant marks of injuries found on the side of the accused show high‑handedness and cruelty with which the appellants dealt with their adversaries who, it has been found as a fact, were taken by surprise by the appellants. After hearing the learned counsel, we do not consider any justification for reduction of the sentence. As to whether the main offence in the circumstances of this case would not fall under section 302, P.P.C. does not need any further examination by this Court because the complainant‑side has not filed an appeal, in this behalf. With the foregoing observations, this appeal is dismissed. M.I. /K‑9/S Appeal dismissed.