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Criminal Revision No. 61 of 1981, decided on 27th September, 1981.
‑‑S. 435 and Penal Code (XLV of 1860), S. 307‑Sentence‑Injured compromising with petitioner and filing affidavit to that effect Offence though not compoundable, held, good ground for reduction of sentence,‑[Sentence].
Malik Mumtaz Akhtar for Petitioner.
Sh. Fewoq Ahmed for the Complaint.
Tassadaq Hussain Jillani, Asstt. A.‑G. for the State.
The facts giving rise to this petition are that Muhammad Saleem petitioner was tried under section 307/326 P. P.C. by the Magistrate Sec tion 30, Khanewal. The allegation against him was that on 17th March, 1977 at 10 p.m. be made a murderous assault upon Muhammad Tqbal P. W. and inflicted dagger blows on his person. The learned trial Court on 3rd December, 1980 convicted him under section 307, P.P.C. and sentenced him to four years' R.I. and fine of Rs. 5,000 ; in default of payment of fine to further R.I. for six months. The petitioner filed an appeal against his conviction. The learned Additional Sessions Judge on 17th March, 1981 modified the same by maintaining the conviction but reducing the sentence from four years to three years and fine of Rs. 1,000 and in default of payment of fine to further R.I. for six months. Hence this revision.
2. The revision was admitted on the question of sentence alone. Muhammad lqbal, the injured, who appeared before this Court, has been identified by Sh. Farooq Ahmad, Advocate, Khanewal. Muhammad lqbal owns the affidavit marked "A" which has been placed on the record of this petition and states that he has compromised with the petitioner. I am the opinion that even in those cases, which are not compoundable, the fact' that the injured has compromised with the assailant is a good ground for the reduction of the sentence.
3. The petitioner is in jail since 16th March, 1981. Hissentence is reduced to that already undergone and same would meet the ends of justice. The sentence of fine is remitted. He shall be released forthwith if not required in any other case. The petition stands disposed of.
M.Y.H. Order accordingly.
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