1988 PLP 494 (MLD)

‑‑‑S. 307, read with S. 324‑‑Offence, alteration of‑‑Out of 13 injuries suffered by prosecution witness accused attributed one injury on right arm, declared as grievous‑‑Accused although armed with deadly weapons yet caused no grievous injury on vital parts of Injured prosecution witness‑‑Necessary intention for murderous assault, held, negated, in circumstances‑‑Conviction under S. 307, P:P.C. altered to one under S. 324, P.P.C. A.R. Tayyab for Appellants. MA. Hameed for the State. . Date of hearing: 24th May, 1988. This criminal appeal arises from the judgment of learned Judicial Magistrate Bahawalnagar, whereby he on 24‑10‑1987 convicted Abdul Majeed and five others, appellants under sections 148 and 307/149, P.P.C. and sentenced them as under:‑ (1) under section 148, P.P.C. to 3 years. (2) under section 307/149, P.P.C. to 7 years' R.I. each and a fine of Rs. 2,000 each in default thereof 4 months S.I. each. It was directed that the sentence shall run concurrently.

2. Learned counsel for the appellants has challenged the nature of the offence committed by the appellants. He was of the view that the prosecution evidence accepted at its face value, there was no justification to convict the appellants under section 307, P.P.C. and at the worst, the appellants could have been convicted under sections 324/323 and 148, P.P.C. Learned counsel for the State has not controverter him.

3. I have considered the submissions made by the learned counsel for the appellants carefully. I find that 4 persons on the side of the prosecution received injuries during the occurrence. Muhammad Sharif, PW received 13 injuries in all out of which an injury found on the right arm, was declared grievous. The rest of the injuries were simple. Out of 13 injuries found on his person, only one injury found on the left leg was caused by sharp‑edged weapon. The rest of injuries were caused by blunt weapon. Mst. Aisha received one simple injury caused with blunt weapon. Mst. Zainab Bibi received one simple injury with sharp‑edged weapon Siraj Din also received one injury caused by blunt weapon on his person. Although, the six appellants were armed with deadly weapons, yet they did not cause any grievous injury on the vital part of the four injured PWs. This negates the necessary intention for murderous assault punishable under section 307, P.P.C. Furthermore, the official who had prepared X‑ray film of the solitary grievous injury Muhammad Sharif PW, has not been produced. It is not clear from the evidence that the X‑ray was taken by Dr. Sher Muhammad PW. It is also in evidence that the grievous injury was caused much before the present occurrence. Muhammad Sharif has stated that the sharp‑edged injury on his left leg was caused by Rab Nawaz appellant. The other injuries found on the four P.Ws. were attributed to appellants other than Rab Nawaz. None of the injuries found on the person of Muhammad Sharif, was declared dangerous to life. For all these reasons, I am of the view that the offence committed by appellants other than Rab Nawaz was under section 323/149, P.P.C. Rab Nawaz was guilty of offence punishable under section 324, P.P.C. The appellant were however rightly convicted under section 148, P.P.C.

4. This brings me to the question of sentence. The appellants remained in jail as under‑trial prisoners for some time. They have suffered the agony of trial and criminal litigation for about 5 years. Injuries caused by them to P.Ws. were simple in the eye of law. The appellants were convicted on 24‑10‑1987 and since then are in jail. The maximum sentence provided under section 323, P.P.C. is one year's R.I. In the peculiar circumstances of the case, I feel that the agony of the trial suffered and the imprisonment already undergone by the appellants would meet the ends of justice of the case.

5. In pursuance of the above discussion, the conviction of the appellants under section 307/149, P.P.C. is set aside. Instead Rab Nawaz is convicted under section 324, P.P.C. The other appellants are convicted under section 323/109, P.P.C. The conviction under section 148, P.P.C. is maintained. The appellants are sentenced to imprisonment already undergone on each count. Resultantly, the: appellants will be released forthwith if not required to be detained in any other; case. S.G:D./A‑418/L Sentence reduced.