2003 P Cr (PLP)

The trial Court framed the charge which was denied by the accused and they claimed trial. During trial the prosecution examined as many as 16 witnesses to prove the guilt of the accused, The medical evidence was furnished by Dr. Ata Muhammad Irfan Jaspal P.W.1 who conducted the post-mortem examination and found the following injuries on the dead body of Muhammad Nawaz:-- (1)??????? A circular lacerated wound 1 c.m. x 1 c.m. on the front of left lower thigh, 10 c.m. above the left knee-joint. No burning and blackening Was present. Corresponding holes were present on the Qameez and Dhoti (wound of entry). (2)??????? A lacerated wound 6 c.m. x 8 c.m. on the posterior side of left lower thigh 2 c.m. above the back of left knee? joint. Corresponding hole on Dhoti was present (wound of exit). In his opinion the injuries were sufficient to cause death in the ordinary course of nature. They were anti-mortem and were caused by fire-arm. The ocular account was furnished by Mitha Khan complainant P.W.10 and Khizar Hayat P.W.11. The prosecution evidence was closed by tendering into evidence the report of Chemical Examiner Exh.P.U. and that of Serologist Exh.P.V. After close of prosecution evidence, the statements of the accused under section 342, Cr.P.C. were recorded. They denied the allegations and claimed their innocence and raise involvement. The trial culminated into the conviction of the appellant as mentioned above. After conclusion of the trial, the legal heirs of the deceased Muhammad Nawaz; namely, Mst. Jallan Bibi widow, Asia Parveen. Nazia Parveen and Mst. Mussarat Parveen daughters and Ghalib Hussain son of the deceased appeared before the trial Court and stated that they have compounded the offence with the accused and waived their right or Qisas and Diyat except Mst. Ghulam Bevi the mother of the deceased, The compromise was accepted and conviction under section 311, P.P.C, was recorded with the order to pay 1/6th share of the Diyat amount to the mother of the deceased Mst. Ghulam Bevi and he was also sentenced to 14 years' R.I. on, the ground that the appellant was hardened and habitual offender as 26 criminal Cases have been registered against him at, different police stations. Learned counsel for the appellant has not challenged the conviction recorded against the appellant. However, he has stated that maximum sentence provided under the law has been awarded by the learned trial Court, by arguing that in none of-the cases the appellant is convicted and the case has been decided on the basis of compromise, it has been prayed that the sentence be reduced adequately. After hearing the learned counsel for the parties and perusing the record, I do not find any ground to interfere in the conviction recorded against the appellant and the learned counsel is justified in not challenging the conviction. AS far as, the sentence is concerned, most of the legal heirs of the deceased Muhammad Nawaz except Mst. Ghulam Bevi the mother of the deceased have patched up with the appellant and have forgiven him by waiving their right of Qisas and Diyat, therefore while maintaining the conviction and sentence of 1/6th share of the Diyat amount, substantive sentence of 14 years' R.I. is reduced to 10 years R.I. which will meet the ends of justice. The benefit of section 3,82-B. Cr.P,C. will also be available to the appellant. The appeal is dismissed with the above modification. H.B.T./M-1732/L??????????????????????????????????????????????????????? Appeal dismissed accordingly