1993 P Cr (PLP)

Date of hearing: 13th October, 1992. Through this appeal Jaffer appellant has challenged his conviction and sentence recorded in a judgment, dated 11-5-1985 by the Judicial Magistrate Section 30, Ferozewala whereby he was convicted under section 307, P.P.C. and was sentenced to undergo R.I. for five years and also to pay fine of Rs.10,000 and to default thereof to undergo further R.I. for one year. On realization he was to pay the whole amount of fine to Anwar Bibi, injured P.W. as compensation.

2. Succinctly stated the prosecution case as registered at Police Station Sharaqpur under section 307/326, P.P.C. vide F.I.R. No. 116/84 dated 24-5-1984 at the narration of Kamir Ali P.W. reads as under:-- I am resident of Chak 14-UCC. I am an agriculturist. Two years back I had married my daughter Mst. Anwar Bibi with Jaffer son of Waryam caste Aujala resident of Torian, Police Station Sarai Mughal. At that time I had not any male-issue so Jaffer was kept as son-in-law to my own house. From 3/4 months back Jaffer used to quarrel with me and my daughter Anwar Bibi and he was asking me to let him go to his parents otherwise some land from my land be given to him in order to enable him to live separate. Neither I had given land to Jaffer nor permitted him to go to his parents. Day before yesterday on 22-5 1984 at evening time Jaffer had forced my daughter to get land from her parents but Anwar Bibi had refused and as such, Jaffer and Anwar Bibi had quarrelled with each other. Yesterday at 9 p.m. when I alongwith Sher Muhammad son of Ali Muhammad caste Jat, Rajab Ali son of Malla, caste Opel, residents of the village were smoking while sitting near our cattleshed, my wife Mst. Sardaran had gone to visit her relations at Malikpur Torian. When we heard noise from our house, I alongwith Sher Muhammad and Rajab Ali rushed to the house and noticed Jaffer armed with a `Kassi' and we witnessed him while inflicted injury to Mst. Anwar Bibi. Anwar Bibi had received injury on her front side of neck and. had fainted. I alongwith Sher Muhammad and Rajab Ali had intervened and saved Anwar Bibi from Jaffer. Jaffer had succeeded in slipping away from the spot. The occurrence was witnessed by Sher Muhammad and Rajab Ali also. Anwar Bibi was removed to Mayo Hospital. Doctor has admitted her in hospital, Jaffer has injured her in order to kill her. I was going to give information at police station when you have met me. Action be taken

3. After recording the F.I.R. Muhammad Sadiq A.S.I. investigated the case, challaned the accused and submitted the same in the Court for trial.

4. To substantiate the charge the prosecution examined Kamir Ali P.W.1, Rajab Ali P.W.2, Sher Muhammad P.W.4 and Mst. Anwar Bibi P.W.7 as eye-witnesses of the occurrence and Dr. Zulfiqar Siddiq Qureshi, P.W.8 as the Medical Officer who medically examined Mst. Anwar Bibi P.W. on 24-5-1984 and found one inside wound on the upper part of the front of neck. Exh.P.J. is the medico-legal report. The injury was declared as grievous caused by sharp-edged weapon. The remaining witnesses are the formal and recovery witnesses.

5. The appellant Jaffer when examined under section 342, Cr.P.C. raised the plea that Mst. Anwar Bibi intended to get divorce from him and after connivance with her parents she fabricated this false case. Anyhow he traversed the prosecution allegations and took up the plea of innocence. Nevertheless he produced Muhammad Rafique and Zakir Hussain D.Ws. in his defence to support his plea that the parents of his wife were demanding divorce from the appellant. After recording the prosecution evidence and the defence evidence the learned trial Court convicted the appellant and sentenced him as mentioned above.

6. Oureshi Muhammad Hafeez, Advocate, the learned counsel for the appellant at the very outset submitted that he has no objection if the conviction recorded by the learned trial Court is maintained and the sentence already undergone by the appellant is considered as sufficient to meet the ends of justice in this case. In this regard he contended that even according to the prosecution case the matter related to the family dispute and the appellant divorced the injured P.W. who has contracted a second marriage and the appellant had also married a second wife and both sides have children from their new wedlocks and it would not be appropriate to commit the appellant-to jail after a period of about eight years of the commission of this offence.

7. The learned counsel appearing on behalf of the State half-heartedly supported the judgment of the trial Court but conceded on the point of sentence if it is ordered that already undergone is sufficient for the offence committed by the appellant.

8. I have given my deep consideration to the arguments advanced by the learned counsel for the appellant and have also gone through the record of this case. I find that it was registered on 24-5-1984 when the occurrence took place on 23-5-1984. The appellant was arrested in this case on 2-6-1984 and throughout remained in the jail till he was released from jail according to the learned counsel after 20-7-1986 as his sentence was suspended by this Court on 16-7-1986. 1 also find that the appellant was allowed bail by this Court on 16-7-1986 with the condition that he shall deposit Rs.5,000 with the trial Court as fine which would be given to Mst. Anwar Bibi injured as compensation envisaged, under section 544-A, Cr.P.C. According to the learned counsel this amount has already been paid and the appellant has since been released.

9. That admittedly the appellant has remained in the jail for more than two years and has also deposited Rs.5,000 as fine for the payment to Mst. Anwar Bibi for the mental anguish which she incurred due to grievous injury caused to her, as compensation as required under section 544-A, Cr.P.C. I also find that the appellant also underwent the agony of protracted trial for a period of about one year and a criminal litigation 8 years. I, therefore, accept the case of the prosecution and maintain the conviction of the appellant under section 307, P.P.C. but so far as the quantum of sentence is concerned, I order that the period of more than two years for which the appellant remained in the jail and a fine of Rs.5,000 deposited by the appellant for payment to the injured P.W. as compensation is sufficient to meet the ends of justice. With this alteration in the sentence this appeal is dismissed. H.B.T./J-33/L I Order accordingly.