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Criminal Appeal No. 200 of 1980, beard on 7th February, 1981.
-- S. 307-Sentence, reduction in, accused convicted and sentenced to 7 years' R. I. for offence under S. 307, P.P.C.---Complainant effecting compromise and pardoning accused and not interested in further detention of accused in Jail---Sentence awarded to accused reduced to period already undergone by him in circumstance.
Muhammad Iqbal Bhatti for Appellant.
Muhammad Rafiq Butt for the State.
Muhammad Akram Qureshi for the Complainant
Date of hearing : 7th February, 1981.
Muhammad Khalid son of Umar Din, caste Kashmiri, resident of New Balal Park, Chah Miran, Police Station Misti. Shah, Lahore, has preferred this appeal against the judgment of Mr. Nasrullah Khan Cheema. Magistrate invested with powers under section 30 of the Code of Criminal Procedure, Lahore, dated the 16th February, 1980, convicting him under section 307 of the Pakistan Penal Code for committing murderous assault upon his father's brother's daughter's son, Muhammad Yusaf, complainant. P. W. 1. on the 4th January, 1977, at 7-30 p. m., in 'Street No. 46/B, New Balal Park. Chah Miran, Lahore, and sentencing him to rigorous imprisonment for 7 years.
2. Due to family quarrel the appellant caused a dangerous injury in the abdomen of the complainant with a dagger anti another simple injury on the palm of his right hand. At the trial of the ease the appellant took up plea of acting in self-defence which was not accepted.
3. The complainant has now moved application to the effect that he has effected compromise with and pardoned the appellant. He is not interested in further detention of the appellant in Jail. The learned counsel for the appellant does not dispute the conviction of the appellant but prays that the sentence already undergone by him may be considered to be sufficient. In these circumstances while maintaining the conviction of the appellant recorded by the learned trial Magistrate the sentence awarded to him is reduced to one already undergone by him. He will be set at liberty forthwith if his detention is not required in connection with any other cases- With the aforesaid modification in the appellant's sentence the appeal is dismissed.
Order accordingly
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