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Criminal Appeal No. 79 of 1981, decided on 3rd October; 1981.
‑‑ S. 307/34‑Attempt to murder --‑ Sentence -‑‑ Appellant under going agony of protracted trial and suffering six months' R. I.--- Keeping in view motive for crime sentence reduced to one already undergone in circumstances of case.
Sardar Faia Muhammad Khan Khosa for Appellants.
Pir Zafar Hussain Shah for the State.
Date of hearing : 3rd October, 1981.
This criminal appeal arises from the judgment of the learned Judicial Magistrate Section 30, Muzaffargarh, whereby he on 18th April, 1981, convicted Abdul Hakim and Ghulam Rasool appellants under section 307/34, P. P. C. for having made a murderous assault upon Azim Bakhsh P. W. 2 on 24th May, 1976, at 6 a. m. in the area of Chak No. 149/ML of Police Station Dera Din Panah, Tehsil Kot Addu, District Muzaffargarh.
2. Learned counsel for the appellants states that no appeal or revision has been filed by the State or the complainant against the conviction of the appellants.
3. Learned counsel for the appellants has not challenged the conviction of the appellants under section 307/34, P. P. C. and has simply requested for the reduction of the sentence. He argued that the case of the prosecution itself is that Azim Bakhsh injured had earlier enticed away Mst. Lalu wife of Abdul Hakim appellant and she was restored through local influence, that the case against the appellants was registered on 24th May, 1976; they were arrested on the same day; they remained in jail as under‑trial prisoners and were allowed bail on 22nd June, 1976; they were convicted on 18th April, 1981, and since then they are in jail and that it was a case of protracted trial.
4. Learned counsel for the State has opposed this prayer. He submits that it is. not a case of excessive sentence.
5. After bearing the learned counsel for the parties and keeping in view the motive for the crime and the agony of protracted trial coupled with six months' R. I. already served out by the appellants, I am of the opinion that it is a fit case for reduction of the sentence and the same is reduced to one already undergone and a fine of Rs. 5000 each in default thereof to further R. I. for one year each. The fine, it realised shall be paid to Azim Bakhsh injured P. W. as compensation under section 54.4‑A, Cr. P. C.
6. The appellants have deposited the fine with the Treasurer of this Court. The appellants shall be set free forthwith if not required in any other case.
7. The complainant Azim Bakhsh son of Pehlwan caste Xhosa resident of Chak No. 149/ML Police Station Dera Din Panab, Tehsil Kot Addu, District Muzaffargarh be summond through the S. H. O: Dera Din Panah to receive the compensation.
Order accordingly.
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