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Criminal Revision No. 4 of 1985, decided on 3rd March, 1985.
(a) Penal Code (XLV of 1860)--
---S. 307--Complainant injured witness patched up matter with accused and having pardoned him--Offence being non-compoundable, prayer of acquittal of accused refused in circumstances.
(b) Penal Code (XLV of 1860)--
---S. 307--Criminal Procedure Code (V of 1898), S. 439--Sentence- Accused having undergone sentence of one year--Complainant injured witness patching up matter with accused and pardoning accused at trial stage--Accused not acquitted as offence was non-compoundable In view of pardon granted to accused by complainant, held, keeping of accused behind bars would not be in interest of justice--Sentence reduced to one already undergone.
Ch. Muhammad Siddique for Petitioner.
Kh. Shaukat Ali for the State.
Date of hearing: 4th February, 1985.
This revision was admitted just to consider the quantum of sentence.
Learned counsel submitted that the complainant Abdul Waheed, the injured person, told . the trial Court that he had patched up the matter with the petitioner. It was submitted that on this ground alone, the matter should have been dropped and the petitioner acquitted.
The offence being non-compoundable, the trial Court did not give effect to the statement of the complainant against his conviction. The petitioner filed appeal. That too was dismissed.
Before me, learned counsel for the petitioner urged that as the' first informant excused the petitioner, he may be acquitted.
This I am not inclined to do because the offence is non-compound able. Nevertheless, I think that in view of the stance of the first informant especially when he has pardoned the accused petitioner, it will not be in the interest of justice to keep him behind the bars. He B has already spent about a year in jail. His sentence is reduced to the period already undergone. He shall be set at liberty, forthwith, if not required in any other case. .
The sentence of fine is maintained. That shall be paid to Abdul Waheed, the injured witness, as compensation.
H . A . K .
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