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Criminal Appeal No. 16 of 1984, decided on 9th March, 1987.

‑‑‑S. 307‑‑Criminal Procedure Code (V of 1898), S. 408(b)‑‑Conviction not challenged by accused‑‑Counsel for accused stating that accused was suffering from epilepsy and required proper treatment‑‑Accused facing protracted trial remained in custody for sometime as an under trial and as a convict‑‑Sentence reduced to one already undergone in circumstances.

Azizullah K. Sheikh for Appellant.

Imam Bux Sheikh for the State.

Date of hearing: 8th March, 1987.

The appellant has been convicted by an Assistant Sessions Judge, Karachi under section 307, P.P.C. and sentenced to R.I. for seven years and fine of Rs.500 in default to suffer R.I. for six months. It was further directed that the appellant should pay compensation of Rs.3,000 to injured Abdul Rauf in default to suffer simple imprisonment for one year.

2. The facts of the prosecution case are that the appellant threatened P.W. Abdul Rauf and then attacked him at his chest with his knife. The injured was removed to the hospital. Ghulam Habib lodged the report with the police. Doctor Abdul Haseeb Qureshi attended the injured and found one incised wound on the left side chest 2" x 1/2" x suspected cavity deep with corresponding cut at shirt and bunyan. The nature of injury was reserved but subsequently it was declared as grievous. After ususal investigation the appellant was challaned under section 307, P.P.C. The appellant in his statement under section 342, Cr.P.C. denied the allegation. He stated that there was unpleasantness between the two families since many years. Previously Saifur Rehman father of injured Rauf had falsely implicated his father Abdul Ghafoor and brother Abdul Sattar in two criminal cases under sections 117, Cr. P.C. and under section 325/34, P.P.C. and in those cases they were discharged/acquitted.

3. P.W. Abdul Rauf in his statement has deposed that on 6‑4‑1972 at 11.30 p.m. he returned to his house in his car and found the accused standing in the street. The accused threatened him and thereafter took out knife and attacked him on the chest. He fell down on the ground and cried. P.Ws. Abdul Malik and Anwar Hussain came running on the cries and with the help of Ghulam Habib who came later took him to Civil Hospital. The motive behind the incident was that appellant once snatched away money from his sister and there was altercation between them. P.Ws. Abdul Malik and Ghulam Habib have corroborated the statement of the witness. Doctor Hamida Qureshi proved the signature Doctor Abdul Haseeb Qureshi who attended the injured. She produced the report Exh. 6/A. On the assessment of the evidence the appellant has been convicted.

Learned counsel for the appellant has not challenged the conviction but stated that the appellant is suffering from pilepsy and gets repeated fits, therefore, some lenient view may be taken. He further submits that the appellant had faced the trial for 12 years. He has referred to the order of this Court, dated 18‑3‑1984 whereby the sentence was suspended. In this order the Court has recorded the statement of the learned Additional Advocate‑General that he has come to know recently that the appellant is suffering from epilepsy and gets unconscious in fits off and on. In view of this since this is an old case of 1972 and the appellant has to face protracted trial, therefore, the sentence was suspended. It is further observed that the appellant requires proper medical treatment. Learned counsel for the appellant further submits that on the last evening the appellant became unconscious and he had suffered fits. The date of incident is 6‑4‑1972. The appellant was arrested on the same day. He remained in jail as under trial prisoner for about 42 days. He also suffered the imprisonment for 21 days after the conviction. Thus, he has remained in custody for about 63 days. In view of the protracted trial of the appellant and the serious disease the sentence is reduced to one already undergone. The fine of Rs. 500 imposed by the trial Court is enhanced to Rs. 1,000 in default of payment of fine to suffer R.I. for Six months. He shall also pay compensation of Rs. 3,000 to the injured Abdul Rauf in default to suffer R.I. for six months more. He is permitted to pay the amount of fine and compensation within one month failing which he shall be arrested to undergo the sentences in default. With this modification the appeal is dismissed. The appeal was disposed off by the short order, dated 8‑3‑1987 and the aforesaid are the reasons for the same.

M.Y.H./A‑34/K Appeal partly accepted.

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