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Criminal Appeal No. 41 of 1976, in Criminal Petition for Special Leave to Appeal No. 224 of 1976, decided on 11th June 1976.
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 18‑3‑1976, in Criminal Revision No. 976 of 1965).
‑‑ S. 345 read with Penal Code (XLV of 1860), S. 324/34‑Compound ing of offences‑incident taking place 12 years ago arid parties having compounded offence‑Notice sent to complainant and such person confirming offence having been compounded with petitioners, his mohallahdars‑Compromise, in circumstances of case, accepted and petitioners accused acquitted.
S. M. Idrees, Advocate Supreme Court instructed by Sh. Masud Akludr (absent) (Rana Maqbool Ahmad Qadri, Advocate‑on‑Record appeared on 11‑6‑1976 with permission of Court) for Petitioners/Appellants.
Nemo for the State.
Complainant in person.
Dates of hearing : 10th and 11th June 1976.
This petition is barred by 23 days. However, we condone the delay for the reasons stated in the application for condonation.
The petitioners were convicted by the trial Court under section 307/34, P. P. C. for murderous assault on Abdul Wahid and sentenced to three years R. I. each. On appeal the learned Sessions Judge altered their conviction to that under section 324/34, P. P. C. and reduced the sentence to one and an half year R. I. Their revision in the High Court remained pending for about 10 years but was ultimately dismissed. The petitioners now seek leave to appeal.
The incident took place about 12 years ago. It appears that the parties; have compounded the offence. A notice was issued to Abdul Wahid. He was; complainant in the case and victim of the assault who confirmed that he has compounded the offence with the petitioners who are his mohallahdars.
Having regard to the circumstances we accept the compromise between the parties, convert this petition into appeal, accept the same on the basis of the composition between the parties and acquit the petitioners. They shall be released forthwith unless required in some other case.
Appeal accepted.
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