1985 P Cr (PLP)

(b) Penal Code (XLV of 1860)‑‑ ‑‑‑S. 307‑‑Sentence‑‑Accused remaining in jail during trial for about eleven months suffered imprisonment for one year and one month after conviction‑‑Appeal disposed of after about nine years of conviction‑ Sending accused back to prison, held, was not proper in circumstances‑ Sentence altered to one already undergone. ‑‑[ Sentence]. Muhammad Akram Qureshi on behalf of Ch. Ghulam Bari Saleemi for Appellant. Ch. Muhammad Azeem Sadiq for A.‑G. for the State. Nemo for the Complainant. This is an appeal by Muhammad Naseer appellant against the judgment dated 3‑3‑1976 by which he was convicted by a Magistrate Section 30, Sargodha under section 307, P.P.C. and sentenced to seven years' R.I. and a fine of Rs. 2,000 or in default six months' R.I. He was further sentenced to ten lashes under the Whipping Act.

2. The prosecution case in brief was that Mahmood Khan P. W.6 and his brother Shabbir had a shop in the Muhammadi Bazar contiguous to the shop of Muhammad Naseer appellant. There used to be a neighbourly quarrel between the parties. On 15‑8‑1984 at 11‑30 a.m., Mahmood Khan was present in his shop alongwith his brother Shabbir, Hafiz Mumtaz, Hayat and Abdur Rehman. The accused Muhammad Naseer who had quarrelled with Mahmood Khan during the preceding night came there holding acid in a container. He thereafter threw it on the face of Mahmood Khan as a result of which right side of his face was partially burnt and he lost his right eye. The occurrence was witnessed by companions of Mahmood Khan. The prosecution case is supported by P.W.2, Abdur Rehman, P.W.3. Muhammad Hayat, P.W.6 Mahmood Khan (injured), P.W.7 Hafiz Mumtaz and P.W.9 Shabbir complainant. The medical evidence was furnished by P.W.5, Dr. Safdar Ali. The case was investigated by A.S.I. Shahbaz Khan. I have gone through the evidence of this case with the assistance of the learned counsel for the appellant and learned counsel for the State. The prosecution case is supported by independent witnesses. Injured P.W. Mahmood Khan is supported by his real brother Shabbir who was a natural witness therefore, maintain the conviction of the appellant which is even no; challenged by the learned counsel appearing on behalf of the appellant

3. It is, however, contended by the learned counsel for the appellant that Muhammad Naseer appellant was convicted on 3‑3‑1976. He was allowed bail by suspension of his sentence by this Court on 4‑4‑1977 which means that he was in prison for about one year and one month after his conviction. It is further stated by him that the accused was arrested on 21‑8‑1974 and remained in judicial lock‑up during the trial till 22‑7‑1975 which means that he was in judicial lock‑up during the trial for about eleven months. It is, therefore, submitted that the appellant be not sent back to prison to serve unexpired sentence after about nine years of his conviction. For these reasons the learned counsel for the appellant has also argued that the amount of compensation under section 544‑A, Cr. P. C. be not enhanced. The learned counsel for the State has controverted the above contentions on behalf of the appellant.

4. As stated above Muhammad Naseer appellant was in judicial lock up during trial for about eleven months. He remained in prison after his conviction for about one year and one month. This appeal is being disposed of after about nine years of his conviction by the learned trial Magistrate. I, therefore, do not think it proper to send the appellant back to prison to serve his unexpired sentence. I, therefore, keeping in view the above circumstances maintain the conviction of Muhammad Naseer appellant under section 307, P. P. C. but reduce his sentence of imprisonment to one already undergone by him. The sentence of lashes is set aside. However, the sentence of fine of Rs.2,000 or in default six months' R.I. is maintained. The amount of fine of Rs.2,000 if recovered, will be paid to Mahmood Khan injured P.W. The appellant Muhammad Naseer is on bail. He will deposit a sum of Rs. 2,000 within 30 days of this order. S. A. Appeal dismissed.