MUHAMMAD ADIL vs STATE, etc.

' Manzoor Ahmad Malik, J.--Appellant Muhammad Adil along with his co-accused was tried in a private complaint, offence under Sections 302, 324, 354, 340, 395, 435, 148 & 149, PPC. At P.S. 18- Hazari, Jhang for the murder of Ghulam Muhammad and causing injuries to Muhammad Khan, Naseer, Altaf, Muhammad Sher, Ahmad Khan, Allah Daad, Muhammad Zaman, Aziz and Muhammad Yar. The learned Additional Sessions Judge, Jhang vide judgment dated 20.12.2012 convicted and sentenced the appellant and his co-accused as under: Muhammad Adil .U/S. 302(b), PPC: sentenced to death and to pay compensation of Rs, 200,000/- under Section 544-A, Cr.P.C. to paid to the legal heirs of the deceased.

U/S. 337-F(vi), PPC: Sentenced to RI for 05 years as Ta'zir and to pay Daman 'amounting to Rs, 50,000/- to be paid to the victim.

Allah Baldish s/o Ali Muhammad and Allah Baldish s/o InayatU/S. 337-A(i), PPC: sentenced to one year R.I. and to pay Daman amounting to Rs, 10,000. Each U/S. 337-F(i), PPC: sentenced to six months RI as Tazir and to pay Daman amounting to Rs, 5000/- each.

Gul Muhammad s/o Ahmad BakhshU/S. 337-14121, PPC: sentenced to RI for six months.

Gul Muhammad and Ashraf sib Murad ,.U/S. 337-L(2), PPC: sentenced to RI for six months.

Riaz U/S. 337-L(2), PPC: sentenced to RI for six months.

Aman Ullah ,U/S. 337-L(2), PPC: sentenced to RI for six months.

All the sentences were ordered to run concurrently.

Benefit of Section 382-B, Cr.P.C. was extended to the convicts.

2. The appellant and his co-accused filed criminal appeal before the learned High Court against the a fore-mentioned conviction/ sentences recorded by the learned trial Court. During pendency of the appeal, an application under Section 345(5) of the Code of Criminal Procedure was filed before the learned High Court to the effect that a compromise had been effected between Muhammad Adil, appellant and the legal heirs of Ghulam Muhammad deceased. The learned High Court after procuring a report from the District & Sessions Judge, Jhang as to the genuineness or otherwise of the compromise which report was in the affirmative, accepted the application and Muhammad Adil, appellant was acquitted of the charge under Section 302(b), PPC. Through the same judgment, the learned High Court disposed of the criminal appeal to the extent of co- accused of the appellant namely Allah Bukhsh s/o Ali Muhammad, Allah Bukhsh s/o Inayat, Gul Muhammad, Ashraf, Riaz and Aman Ullah in the following terms: "....Therefore, the above mentioned amounts of daman imposed against Allah Bukhsh s/o Ali Muhammad, Allah Bukhsh s/o Inayat, Gul Muhammad, Ashraf, Riaz and Aman Ullah by the learned trial Court, through the impugned judgment, are maintained, but the period of sentence awarded to them is reduced to the period, for which they have already remained in the jail. The above said appellants, by way of their suspension of sentences are at large, as such their sureties are discharged."

3. The learned High Court, however, maintained the conviction and sentence of the appellant under Section 337-F(vi), Pakistan Penal Code. The appellant then filed criminal petition for leave to appeal before this Court wherein leave was granted on 21.12.2015 by this Court in following terms: "Learned counsel for the petitioner, inter alia, contended that a discriminatory attitude has been adopted towards the petitioner when other co-accused have been extended the benefit of Section 337-N of the, PPC while reducing their sentence to that of undergone, but the petitioner has not been extended such benefit. Leave to appeal is granted to consider this aspect of the matter.

CMA No, 557-L/2015: Notice be issued to injured victim, Muhammad Khan, and the matter be listed for hearing in the next session of the Court."

4. During the course of arguments, learned counsel for the appellant submitted that since the offence under Section 302(b), Pakistan Penal Code has been compounded between the appellant and the legal heirs of the deceased and since the co-accused of the appellant have already been extended the benefit by the learned High Court, the appellant is also entitled for the same treatment.

5. After hearing the learned counsel for the appellant, learned Additional Prosecutor General, Punjab and perusing the impugned judgment of the learned High Court, we have noted that a compromise has already been effected between the appellant and the legal heirs of the deceased and the learned High Court while accepting the compromise, has acquitted the appellant of the charge under Section 302(b), Pakistan Penal Code. We have also noted that the learned High Court has partly accepted the appeal of the co-accused of the appellant by reducing the period of sentence to the period they have already undergone. The appellant was convicted under Section 337-F(vi), PPC and sentenced to five years R.I. With direction to pay Daman amounting to Rs, 50,000/-to Muhammad Khan injured. In view of the fact that the appellant has already been acquitted of the charge under Section 302(b); PPC; that his ca-accused have been granted relief by the learned High Court and that the appellant is behind the bars for a considerable period of time, we are inclined to concur with the request made by learned counsel for the appellant that he is also entitled to be treated at par with his co-accused and that the sentence of appellant be reduced to the period of sentence he has already undergone.

5-A. In view of the foregoing, we allow this appeal and reduce the sentence of the appellant to the period of sentence he has already undergone. The imposition of payment of Daman amounting to Rs, 50,000/- to the injured Muhammad Khan by the learned trial Court shall remain intact.

Crl. M.A. No, 557-L/2015

6. In view of the judgment passed in Crl. Appeal No, 167-L of 2015, this criminal miscellaneous application has become infrastructure and is disposed of accordingly.