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Criminal Revision No. 604 of 1975, decided on 6th March, 1982.

‑‑‑ S. 435/439 and Penal Code (XLV of 1860), S. 307‑‑Criminal revision‑Complainant compromising with petitioner‑Offence under S. 307 not compoundable but compromise between parties, held, good ground for reduction of sentence‑Sentence reduced to already undergone.‑[Sentence].

Muhammad Khalid Alvi for Petitioners.

Mian Tariq for the State.

Date of hearing : 6th March, 1982.

The facts giving rise to this revision are that Muhammad Nawaz and others petitioners were tried by a learned Magistrate who vide his order dated 2nd June, 1975 convicted them under section 307/34, P. P. C. and sentenced Muhammad Nawaz petitioner to 3 years' R. I. and others to one and a half years each. They filed appeal which was dismissed by the learned Sessions Judge vide his order dated 10th July, 1975 with the modification that the sentence awarded to the petitioners other than Muhammad Nawaz petitioner, was reduced from 1 years to one year's R. I. each. The petitioners filed revision and were allowed bail by this Court on 6th August, 1975.

2. The learned counsel for the petitioners has not challenged the conviction but prays for the reduction of the sentence. He states that the injured have also compromised with the petitioners and ha; placed on record the compromise duly signed by Gul Muhammad injure witness who is also complainant in the case. There is no denying of the fact that the offence under section 307, P. P. C. is not compound‑able one. However, I am of the opinion that the compromise between the parties is a good ground for the reduction of the sentence. The same is hereby reduced to one already undergone. With this modification the revision is disposed of. The petitioners are on bail. Their bail bonds shall stand discharged.

M.Y.H. Order accordingly

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