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Criminal Revision No. 486 of 1982, decided on 1st December, 1982.

-- Ss. 279, 338 & 429-Sentence, reduction in-Passengers injured in bus tonga collusion forgiving petitioner bus-driver whereas compensation made to Tongawala for loss of his horse-Offences although non- compoundable yet sentences on two counts reduced to one month as already undergone by petitioner, in circumstances.-[Sentence].

Malik Abdul Sattar Chaughtai for Petitioner.

Walayat Umar Chaudhry for Respondent.

Date of hearing : 1st December, 1982..

The petitioner was tried under section 279/338/429, P. P. C. He was accused of negligently driving his bus No. 5115/LEJ at about 3-00 p.m. on 20-1-1979, as a result of which he collided with a tonga, standing at that time on the roadside. The horse in the tonga died at the spot. Three persons namely Imam Ali, Amanat Ali, Ghulam Rasool and some other passengers also suffered injuries thereby.

2. The prosecution case at the trial was supported by P. W. 1, Dr. Khurshid Ahmad, Abdus Sattar, P. W. 2 Imam Ali, P. W. 3 Abdul Salam, P. W. 4 Ahmad Khan, A. S.I. P. W. 5 Nazir . Hussain, P. W. 6 and Ghulam Rasool, P. W. 7.

3. The petitioner in his statement under section 342, Cr. P. C. denied the charges maintaining that the said case had been registered against him due to enmity and party faction. However, he did not adduce any evidence in his defence.

4. The learned trial Magistrate believed the prosecution version. He convicted and sentenced the petitioner under section 279, P. P. C. to one year's R. I. under section -338, P. P. C. to six months' R. I. and a fine of Rs. 1,000, or in default thereof further six months' R. I. and under section 429, P. P. C. to one year's R. I. and a fine of Rs. 3.000, or in default of payment of fine further six months' R. I.

5. Being aggrieved of his conviction and sentences, the petitioner filed an appeal which came to be decided by the learned Additional Sessions Judge, Faisalabad. Vide his judgment dated 7-8-1982, the learned Additional Sessions Judge, Faisalabad upheld the conviction on all the charges. He however, reduced the sentence under section 279, P. P. C. to six months' R. I. under section 338, P. P. C. to two months' R. I. and a fine of Rs. 200, or in default thereof 9ne month's R.I, and under section 429, PJ. C. he set aside the sentence as to rigorous imprisonment and only awarded him the sentence of fine i.e. Rs. 1,000, and in default thereof two months' R. I. All the sentences were to run concurrently. The amount of fine if realized under section 338, P. P. C. was directed to be paid to Imam Ali and Ghulam Rasul equally and the amount of fine under section 429, P. P. C. was to be paid to the owner of the horse.

6. It has been submitted by the learned counsel for the petitioner that the tonga driver whose horse had died was paid Rs. 800, as compensation. He had not appeared as a P. W. Ghulam Rasool whose left leg was fractured in that accident was given Rs. 5,000, as compensation. Ghulam Rasool has denied the receiving of compensation however; he has stated today before this Court that he forgives the petitioner in the name of Allah the Almighty as to the injury which he received. Imam Ali, whom the petitioner was prepared to offer some amount as compensation, refused to accept the compensation on the previous hearing. He also stated that he forgave the petitioner in the name of Allah the Almighty.

7. All the offences are non-compoundable but in view of the statement of the injured and the compensation having been made to the tonga driver the sentence of the petitioner on two counts is reduced to one month already undergone by him. The learned counsel for the State, in these circumstances, does not want to oppose the reduction in the sentence. However, the con viction on all the charges is maintained. The petitioner is already on bail, he is discharged of his bail bonds. The sentence of fine on all the charges, in circumstances of the case is also set aside.

Order accordingly.

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