MUHAMMAD RAMZAN vs THE STATE

Petitioner Muhammad Ramzan son of Mian janan was tried in case F.I.R. No.77 of 1992 dated 13-4- 1992 registered under sections 337-A(ii) and 337-F(v), P. p, C at Police Station Luddan District Vehari by Judicial Magistrate Vehari who vide judgment dated 26-1-1993 convicted the petitioner under section 337-A (ii), P.P.C. And sentenced him to three year; R.I., with 5 % Diyat mounting to Rs.8500.

Petitioner was also convicted under section 337-F(v), P.P.C. And sentenced to three years R.I. And a fine of Rs.10,000 as Daman. The total amount of Rs.18,500 was payable in monthly instalement equal to Rs.514 per month.

2. Learned Appellate Court while dismissing the appeal filed by the petitioner against the above said judgment, maintained the conviction and sentence of the petitioner under section 337-A (ii), P.P.C. Whereas altered the conviction under sections 337-F(v) to 337-F(i) and reduced the sentence from .Three years R.I. To one year R.I. As Tazir as well as reduced the amount of Daman from Rs.10,000 to Rs.2,000. It was also directed that both the amounts would be payable within three years in equal monthly instalments to Allah Rakha injured P. W.2. Sentences of imprisonment were also ordered to run concurrently. Through the instant criminal revision petitioner has challenged the legality of the above said judgment.

3. 1 have heard the learned counsel for the petitioner as well as the State at some length and gone through the record.

4. In- order to prove the charge prosecution produced six witnesses which included Allah Yar P. W.1 (complainant), Allah Rakha P. W.2 (injured), Ghulam Jaffar P.W. 3 and Muhammad Ameen P.W.4 as eye--witnesses of the occurrence. Medical report was prepared by Dr. Atta Muhammad P. W.5.

Investigation of this case was conducted by Muhammad Ilyas Inspector P. W. 6.

5. All the eye-witnesses had supported the prosecution case in verbatim. During cross- examination the defence had failed to shatter the credibility of these witnesses and had also failed to bring on record any A circumstance showing enmity of these witnesses qua the petitioner for his false implication in the instant case. Presence of these witnesses at the spot being residents of the area and especially Allah Rakha P. W.2 being injured could not be doubted. The ocular account also stands corroborated by the medical evidence. In the circumstances, prosecution has proved its case to the hilt.

6. Learned counsel for the petitioner has failed to point out any illegality in the impugned judgments warranting interference by this Court in its revisional jurisdiction. Finding no force in the instant petition, same stands dismissed.

7. I have given my anxious consideration with regard to the quantum of sentence. This occurrence took place in 1992. The petitioner is facing the agony of this case for the last eight years and at this belated stage, it is not proper to send the petitioner behind the bars to serve out his remaining period of imprisonment. In these circumstances, while taking a lenient view, sentence of the petitioner is reduced to the period already undergone by him. However, the petitioner shall pay the amount of Daman and Diyat on the terms as fixed by the learned Appellate Court. With this modification, the instant criminal revision stands dismissed.