MUHAMMAD MANSHA Versus THE STATE
Muhammad Mansha, Muhammad Sadiq and Muhammad Saleem were tried alongwith Channan Din under section 399, P.P.C. for having been found together after making preparations to commit dacoity while armed with .32 bore automatic pistol, .7 mm rifle and carbine respectively by Judge Special Court No.IV, Suppression of Terrorist Activities, Lahore Division, Faridkot House, Lahore, Vide judgment, dated' 24‑3‑1991. Each one of them was convicted under section 399, P.P.C. and sentenced to undergo R.I. for five years each, plus to pay a fine of Rs.50,000 each, in default whereof to undergo R.I. for one year each. Channan Din, their co‑accused was also convicted and awarded the same sentence.
2. Muhammad Mansha and Muhammad Sadiq have filed Criminal Appeal No.298 of 1991 while Muhammad Saleem has preferred separate Appeal No.402 of 1991. As both the appeals have arisen from the same judgment they are being disposed of together.
3. Learned counsel for the appellants have chosen not to press the appeals on merits. They have, however, prayed for reduction of their sentences of imprisonment to that of already undergone and substantial decrease in the mount of fine.
4. Notwithstanding the fact that the learned counsel for the appellants have not challenged the conviction we have gone through the record and we are convinced even otherwise that no interference is called for in the judgment of conviction. The same is, therefore, maintained.
5. There is nothing on record to hold that the appellants were habitual offenders or were previous convicts. No allegation was levelled at the trial that they had actually done any harm to any citizen. They were just found sitting in a prepared state. They have already undergone 7‑1/2 months' R.I. each and A remained in custody in jail for 7 months each during the trial. In the circumstances, period already spent by each of them in jail and fine of Rs.7,000 each, in default whereof to undergo R.I. for six months each, in our view, will meet the ends of justice. Order accordingly. They shall be set at liberty after they have paid the fine or have undergone the imprisonments awarded in lieu of non‑payment of fines.
SA./M‑147/L Order accordingly.