1999 PLP 2830 (SCMR)

RAJA AFRASIAB KHAN, J.

On 27-4-1990 at 9-19 p.m., a case under section 302/307/148/149, P.P.C. was registered with Police Station Saddar Mandi Bahauddin, District Gujrat on the statement of Rehamdad against Imtiaz Ahmad, Afzaal Ahmad, Muhammad Ashraf, Ijaz Ahmed, Zubair Ahmed, ZuIfiqar Ahmad, Muhammad Anwar and Muhammad Aslam for the murder of Inayatullah and causing injuries to Muhammad Arshad and Nazeer Ahmad. On the day of occurrence at about 5-30 p.m., Rehamdad, complainant alongwith Inayat Ullah, Muhammad Arshad P.W.2, Muhammad Nazir P.W.9, and Ilyas and Fazal Hussain (given up) was sitting in the cattle-shed of Inayat Ullah when, all of a sudden, Imtiaz Ahmad. Afzaal Ahmed, Muhammad Ashraf, Ijaz Ahmad, Zulfiqar Ahmad armed with 12-bore guns while-Muhammad Anwar, Zubair Ahmad and Muhammad Aslam armed with rifles came there. Muhammad Anwar exhorted that Muhammad Arshad and Inayat Ullah would be taught a lesson for abusing whereupon Imtiaz Ahmad fired which hit Inayat Ullah on his chest. Ijaz Ahmad fired second shot and injured the right knee of Inayat Ullah. The third shot was fired by Zulfiqar Ahtnad which hit his neck. The victim fell down on the ground. Afzaal Ahmad also fired and injured Muhammad Arshad. Nazir Ahmad came forward to save the life of the victims. Muhammad Ashraf fired and injured his arm. Then all the accused started firing indiscriminately. Inayat Ullah died at the spot. Muhammad Arshad, the injured was taken to hospital for treatment. Motive was that 15;20 days before the occurrence, Inayat Ullah had exchanged hot words with Muhammad Ashraf because she-donkey of the former caused damage to the wheat crop of the latter. In support of its case, the prosecution produced Rehamdad P.W. 1, Muhammad Arshad P.W.2, Safdar Hussain P.W.3, Bashir Ahmad P.W.4, Muhammad Arshad F.C. P.W.5, Muhammad Arif P.W.6, Mushtaq Ahmad P.W.7, Dr. Muhammad Ansar P.W.8, Muhammad Nazir P,W.9, Nazar Muhammad P.W.10, Javed Iqbal P. W.1 1, Muhammad Afzal Shah P. W. 12, Malik Safdar P. W. 13, Abdul Hamid P.W. 14 and Tufail Hussain Shah P.W.

15. Muhammad Akram appeared as C.W.

1. Ocular account was furnished by Rehmadad P.W.1 (brother-in-law of the deceased), Muhammad Arshad P.W.2 (brother of the deceased) and Nazir Ahmed P.W. 9 (friend of the deceased). An Additional Sessions Judge, Gujrat vide his judgment dated 18-5-1992 convicted Imtiaz Ahmad. Afzaal Ahmad, Muhammad Ashraf (the appellants), Ijaz Ahmad and Zulfiqar Ahmad under section 302/34, P.P.C. while acquitted Muhammad Anwar, Zubair and Muhammad Aslam. Imtiaz Ahmad was sentenced to death. Ijaz Ahmad and Zulfiqar Ahmad were sentenced to imprisonment for life. Afzaal Ahmad and Muhammad Ashraf were also sentenced to imprisonment for life on the ground that no fatal shot was attributed to them. The convicts were ordered to pay Rs.20,000 each as fine or in default to undergo five years R.I. each. They were convicted under section 324/34, P.P.C. and sentenced to two years R.I. each on two counts for causing injuries to Muhammad Arshad and Nazir P.Ws. They were ordered to pay Rs.1,000 as fine on two counts, which on recovery, was ordered to be paid to the injured P. Ws. in equal proportion or in default to undergo six months R.I. for each count. Benefit of section 382, Cr.P.C. was extended to them On appeal, revision and reference, the Lahore High Court, vide impugned judgment dated 26-2-1996 maintained the conviction and sentence of Imtiaz Ahmed, Afzaal Ahmed and Muhammad Ashraf, the appellants, while acquitted Ijaz Ahmed and Zulfiqar Ahmed. Leave to appeal was granted to the appellants on 16-6-1996.

2. Mr. A.H. Gilani, Advocate Supreme Court, learned counsel appearing on behalf of the appellants, at the very outset, did not challenge the conviction recorded by the High Court against the appellants.

3. The prosecution case was fully supported by Muhammad Arshad P.W.2 and Nazir Ahmad P.W.9 in all its material particulars. These witnesses were injured during the incident. Their testimony is, therefore, worth reliance. In such a situation, it has rightly been relied upon in convicting the appellants. However, on the question of quantum of sentence, we hold that Zuifiqar Ahmad and Ijaz Ahmad also gave injuries to Inayat Ullah, deceased. Zulfiqar Ahmad is stated to have caused an injury on his neck. Similarly, Ijaz Ahmad fired and injured the right knee of the deceased, Inayat Ullah. In other words, apart from Imtiaz Ahmad, these acquitted accused also contributed in causing the death of' Inayat Ullah. This was, undoubtedly, their collective act to finish Inayat Ullah. It may be noticed that the State/complainant did not challenge the acquittal of the said Ijaz Ahmad and Zulfiqar Ahmad. To their extent, it is now a closed chapter. In this view of the matter, we are inclined not to confirm the death sentence of Imtiaz Ahmad. The death sentence awarded to Imtiaz Ahmad is, accordingly, converted into imprisonment for life. With this modification in the sentence, this appeal is dismissed. N.H.Q./I-30/S ??????????????????????????????????????????????????????????? ??????????? Sentence reduced.