MUHAMMAD ANWAR Versus THE STATE
Muhammad Anwar, aged 35 years, Driver of Bus No. 4776/FD‑F, was tried by Judicial Magistrate, section 30, Faisalabad, under section 304/337, P.P.C. The learned Magistrate vide judgment dated 11‑1‑1987 convicted him under section 304‑A, P.P.C. and sentenced him to undergo R.I. for seven years, plus to pay a fine of Rs.20,000, in default whereof to suffer R.I. for one year. Half of the fine, on recovery, has been directed to be paid in equal shares to the heirs of the two deceased.
2. The convict has filed appeal.
3. The occurrence had taken place on 25‑11‑1984 at 4‑45 p.m. near Javid Petrol Pump, F.I.R. (Exh. PA./1) was registered at Police Station Factory Area, Faisalabad, at a distance of 1‑3/4 miles from the police station, on the same day at 5‑20 p.m. by Najibullah, M.H.C. on receipt of statement (Exh. PA.) of Muhammad Ishaq (P.W.1), recorded by Muhammad Ali, S.I. (P.W.5), on the r/" same day at 5 p.m. near Javid Petrol Pump, Faisalabad.
According to the F.I.R., the complainant was going to call at his relatives in `D' Type Colony from Gulistan Colony. When he reached near Javid Petrol Pump on Sammundari Road, his brother Ghulam Mustafa and his nephew Shabbir Hussain were going ahead of him on motor‑cycle. Bus No. 4776/FDF of Niaz Transport came from behind. It was being driven carelessly, negligently and rashly. The bus while wavering struck the motor‑cycle, as a result of which Ghulam Mustafa and Shabbir Hussain fell down and suffered injuries. Shabbir Hussain died at the spot. The occurrence was witnessed by P.Ws. Saifullah and Javid Ahmad.
Ghulam Mustafa was removed to hospital and died on 15‑12‑1984.
4. Muhammad Ali, S.I. after recording the statement (Exh. PA.) reached the spot. He prepared the inquest report (Exh. P.C.) of the body of Shabbir Hussain. Injury statement of Ghulam Mustafa was also prepared by the S.I. Thereafter, he inspected the spot and took into possession Bus No. 4776/FDF and motor‑cycle No. 2656/FD (suzuki). Route permit of the bus was also taken into possession. The bus was got examined by him on 26‑11‑1984 from Muhammad A., lam Motor Mechanic.
On recieving information about the death of Ghulam Mustafa, he prepared his inquest report.
After completion of necessary investigation, challan was put to Court.
5. At the trial prosecution in all examined seven witnesses.
Dr. Muhammad Ajmal Mian who had examined the dead body of Shabbir Hussain at 6 p.m. on 25‑11‑1984 noted six injuries on his body. According to his opinion, all the injuries appeared to be the result of accident and were sufficient to cause death in the ordinary course of nature.
He also medically examined Ghulam Mustafa and noted five injuries on his person. Injury No. 1 on the left thigh, knee and left leg, which had caused multiple fractures, was declared grievous.
After the expiry of Ghulam Mustafa the above doctor examined his dead body on 17‑12‑1984 and found the same injuries. According to his opinion, the deceased had died as a result of the injuries suffered in the accident.
6. The ocular account was deposed to by Muhammad Ishaq (P.W.1), Javid Ahmad (P.W.2) and Saifullah (P.W.3). All of them while corroborating each other have stated that the appellant was driving the bus speedily to over take the bus going ahead of him and for that he was driving the bus on the passage meant for the pedestrians. According to them while doing so, he struck and overran the motor‑cycle being driven by Ghulam Mustafa, on the hind seat of which Shabbir deceased, aged 13, was sitting. Shabbir died at the spot while Ghulam Mustafa died after being admitted to hospital. All the witnesses were cross‑examined thoroughly, but nothing could be brought out to disprove the allegations levelled against the appellant. The other evidence on record also lends corroboration to the ocular account.
7. The appeal was argued partly on 20‑4‑19,88, whereafter it was adjourned to 27‑4‑1988. It was adjourned for today, i.e. 30‑4‑1988, on the request of the counsel for the appellant.
8. Learned counsel for the appellant today has produced a written application signed by Mst. Anwar Bibi, widow of Ghulam Mustafa deceased and mother of Shabbir deceased, wherein she has stated that the father of the appellant had approached her and a compromise had been effected between them. 1t is also mentioned in the application that she had been compensated adequately.
Learned counsel for the appellant has not pressed the appeal on merits, in view of the above development. He has prayed for reduction of sentence of the appellant to that of already undergone and also for remission of the amount of fine as, according to him, a reasonable amount has already been paid on behalf of the appellant to the widow of one or the deceased and mother of the other deceased. In this connection he has relied on Khurshid Ahmad v. State 1976 S C M R 193.
9. Notwithstanding the fact that the learned counsel for the appellant has not argued the appeal on merits, I have considered the pleas raised by the appellant during trial and the pleas taken by him in the memo. of appeal. The prosecution evidence, details of which have already been noted above, over‑rides the pleas taken and advanced on behalf of the appellant. In the circumstances, no interference is called for in the order of conviction of the appellant. The same is, therefore, maintained.
10. The appellant was convicted and sentenced on 11‑1‑1987. He has thus already suffered some fifteen and a half months of sentence. Considering the fact that the appellant has already undergone one and a quarter years R.I. and has also undergone the stress and strains of the trial since 1984, and a compromise has also taken place between the parties, according to which the heirs have been compensated adequately, I feel a case of reduction of sentence to that of already undergone is made out, following the precedent case. Order accordingly. The sentence of fine is also reduced to Rs.500, considering the fact that reasonable amount has already been paid on his behalf to the widow of one of the deceased and mother of the other deceased. In case of default of payment of fine, the appellant shall suffer two months S.I.
M.Y.H./M‑967/L Sentence reduced.