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ABDUL RAZZAQ versus STATE


Article 185 (3) read with Panel Code (XLV of 1860), Section 326 turned into a written agreement appealed by the parties at the hearing of the leave application in serious injury appeal and the same accused was acquitted.
1983 S C M R 408

Present: Muhammad Afzal Zullah and Shafiur Rahman, JJ

ABDUL RAZZAQ‑Petitioner

Versus

THE STATE‑Respondent

Criminal Appeal No. 76 in Criminal Petition for Leave to Appeal No. 144‑R of 1982, decided on 13th November, 1982.

(Against judgment dated 4‑8‑82 of the Peshawar High Court Circuit Bench, Abbottabad in Criminal Appeal No. 113 of 1981).

Constitution of Pakistan (1973)‑

‑‑ Art. 185(3) read with Penal Code (XLV of 1860), S. 326‑Grievous hurt‑Written compromise submitted by parties at hearing of petition for leave to appeal‑Petition converted into appeal and in accepting same accused acquitted.

Abdul Hakim Khan, Advocate Supreme Court and M. Azial Siddiqi, Advocate‑on‑Record for Petitioner.

M. Ajmal, Asstt. A.‑G., N.- W. F. P. for the State.

Date of hearing: 13th November, 1982.

ORDER

SHAFIUR RAHMAN, J.‑

At the hearing of this petition for leave to appeal against the judgment of the Peshawar High Court dated 4‑8‑82 whereby on State appeal setting aside the acquittal, Abdur Razzaque was held guilty under section 325, P. P. C. and sentenced to one year's R. I. and Rs. 1,000 as fine for injuring Akbar Jan, a written compromise was submitted by the parties. Abdur Razzaq and Akbar Jan are present in Court and confirm this compromise. As the offence under section 325 is compoundable we convert this petition into appeal, accept it, set aside the judgment of the High Court and acquit the appellant Abdul Razzaq. He is discharged of his bail bond.

Appeal accepted.

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