2007 PLP 303 (YLR)

RAHMAT HUSSAIN JAFFERI, J.

The appellants have been convicted for offence punishable under section 337-F(i) read with section 34, P.P.C. and sentenced to suffer R.I. for one year and pay Daman of Rs.1000 under the impugned judgment. Brief facts of the appeal are that on 20-1-1996 at 9-30 a.m. the appellant Jashan Lal caused knife injury on the little finger of the complainant Dharamdass whereas the appellant Amar Lal caused kicks and fists blows to the injured. At the trial prosecution examined four witnesses including the victim and two eye-witnesses. They fully supported the prosecution case and implicated the appellants in commission of crime. Their evidence is unanimous on the material aspects of the case as such the case stands proved against the appellants. The learned Advocate for the appellants could not point out any material defect in the ocular testimony. However, he has requested that if the Court finds that the appellants are guilty then they may be sent on probation as provided under the Probation of Offenders Ordinance, 1960. The learned A.A.-G. has supported the impugned judgment and has no objection if the appellants are sent on probation. It has been brought on the record that the shops of the appellants and the complainant are adjacent to each other. They belonged to a business community. It appears that there is rivalry between them over a business of Medical Store. Therefore in the heat of passion the appellants had taken law in their own hands and committed the offence. They are first offenders. They have no criminal record as admitted by the appellants and A.A.-G. Therefore this is fit case where the provisions of Probation of Offenders Ordinance, 1960 can be invoked. The offence does not involve capital punishment or comes within the debarring provisions of section 5 of the Probation of Offenders Ordinance, 1960, therefore the appellants can be safely sent on probation. Furthermore sending the appellants on probation would help in reforming the appellants as if the appellants are sent to Jail then they will be mixed up with hardened criminals therefore, their future might be damaged. If the appellants are sent on probation then the society will be benefited as the appellants during the period of probation would not commit any similar offence and the other offence, therefore the society will feel safe at the hands of appellants, if they are amongst them. After considering the material available on record and by invoking the provisions of section 3 of the Ordinance, 1960 instead of sentencing the appellants at once pass probation order by which the appellants will. be placed under the supervision of Probation Officer for a period of one year subject to furnishing surety in the sum of Rs.50,000 each and execution of bond that they would keep peace and good behavior, not to commit similar or other offence during the period of bond and if they violate the condition of the bond then they would receive the sentence or call upon to do so during the said period. Keeping in view the nature of the offence and the injuries received on- the person of the complainant it is further ordered that the appellants should pay Rs.2,500 each as damages to the complainant within a period of 15 days. The appellants are present on bail. They shall continue to remain on bail for a period of 15 days within that period they shall appear; before the trial Court, execute the bond and complete the required formalities. The trial Court is directed to hand over the custody of the appellants to the Probation Officer as provided under the Ordinance, 1960 after completing all the formalities of law. The amount of damages be also paid before the trial Court. The appellants are directed to appear before the trial Court on 12-9-2006. While maintaining the conviction and sentence, the Appeal stands disposed of C in the above terms. H.B.T./J-15/K????????????????????????????????????????????????????????????????????????????????????? Order accordingly.