Law:

Section:

JUDGMENT

MIAN MUHAMMAD AJMAL KHAN, J.---This Criminal Appeal has been filed by Muhammad Zaman and Sher Ahmed against the judgment/order of learned Sessions Judge, Abbottabad dated 13-3-1991 whereby both the accused-appelants have been convicted under section 302/34, P.P.C. and sentenced to suffer life imprisonment with a fine of Rs.20,000 each or in default of payment of fine to suffer further five years' rigorous imprisonment. Each of them was also convicted under section 307/34, P.P.C. and sentenced to ten years' R.I. with a fine of Rs.5,000 each or in default to undergo further one year R.I. Both the sentences were to run concurrently except sentences in lieu of fine and to pay the amount of fine, if realized, to legal heirs of the three deceased and injured complainant by way of compensation.

2. The brief facts of the case are that complainant Muhammad Ilyas in an injured condition on 21-6-1985 at 17-00 hours reported that his brother Shabbir was coming to his house from the house of Mistari Alif Din. When he was passing nearby the house of Siddique Barber, Mushtaq and Wajid sons of Sher Ahmed appeared armed with .12 bore shotgun and pistol respectively, and on seeing him they fired indiscriminately with which he was hit and got injured. Thereafter, they dragged him towards their house. On hearing the firing the complainant, Mehboob Shah son of Ghazan Shah and Waris brother of complainant rushed towards the spot. They were also fired upon by Mushtaq, Wajid son of Sher Ahmed, Sher Ahmed, and Muhammad Zaman who were armed with shotgun and pistols with which' the complainant also sustained injuries on the left arm, right knee and on the back. His companions Mehboob Shah and Waris were also hit with the fire-shots and got injured. The motive as disclosed was a quarrel between the son of Alif Din Mistari and the accused party a year ago in which the complainant party supported the son of Mistari Alif Din. The occurrence was witnessed by Alif Din Mistari, Farooq Shah son of Akbar Shah and many others. According to complainant he and Mehboob Shah were brought by the people while Shabbir and Waris Khan were lying there in an injured condition. His report was recorded in the shape of Murasila and was sent to the Police Station, Havelian where the same was incorporated in the F.I.R. Exh. PA. At 2-30 hours Zahir Shah ASI informed HC Moharrir Police Station about the death of Waris Khan and Shabbir. He conducted investigation and arrested appe lants. After completion of investigation complete cha lan was submitted in the Court of Sessions Judge, Abbottabad against the accused to face the trial. The accused pleaded not guilty and claimed trial. The prosecution produced 16 witnesses, thereafter, the accused-appe lants were examined under section 342, Cr.P.C. Both the accused-appe lants stated that the weapons of offence were not recovered from them but in fact the same were produced by Said Bar father of complainant who deals in ilicit arms. They further stated that they have been implicated in the case due to the previous enmity. The learned trial Court recorded the conviction and sentences on the accused appe lants as stated above which is impugned herein.