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Criminal Revision No. 797 of 1969, heard on 6th April, 1985.

Penal Code (XLV of 1860)--

---S. 338--Sentence--Accused seeking only reduction of sentence- Revision petition coming up for hearing after about 16 years--Accused undergoing agony of protracted trial--Psychological burden of apprehension of dismissal of revision petition for 16 years, held, itself was sufficient punishment--Sentence reduced to already undergone in circumstances.--[ Sentence ] .

Bashir Zafar for Petitioner.

Noor Muhammad Paras for A.-G. for the State.

Date of hearing: 6th April, 1985.

This is a revision petition by Muhammnd Yamin, petitioner, against the judgment of an Additional Sessions Judge of Lahore, dated 25-6-19&9, partly accepting his appeal by setting aside his conviction and sentence under section 279, P.P.C, but maintaining his conviction under section 338, P.P.C. and the sentence of six months rigorous imprisonment imposed in respect thereof.

2 The prosecution care in brief is that on 29-12-1966 tit tibuut

11-30 a.m., Noor Elahi P.W.I was going on his bicycle from the Air Port to his home situated at Madina Colony Walton. When he reached near village Kora, a Jeep being driven by Muhammad Yameen, petitioner, came from behind and struck his bicycle, when he had already got off the main road and was on the Kacha Patri. As a result of this accident, Noor Elahi P.W.2 suffered a number of injuries, including fracture of his nasal bone, left leg and four ribs.

3. I have heard the arguments of the learned counsel for the petitioner and the State. Learned counsel for the petitioner only prays for the . reduction of the sentence due to the great delay arising in the disposal of the present revision petition. In view of the statement of the learned counsel for the petitioner, only this limited matter will be dealt with. It is true that this revision petition, which was admitted in 1969, has come up for hearing after almost sixteen years. The petitioner has also undergone the agony of a protracted trial. The petitioner has also psychologically been under the burden of facing the dismissal of his petition, which itself is sufficient punishment. Taking all circumstances into consideration, I would reduce the sentence of the petitioner to that already undergone.

4. For the foregoing reasons, whilst maintaining the conviction of Muhammad Yameen, petitioner, under section 338, P.P.C. I reduce his sentence to that already undergone. The petitioner is on bail. His bail bond shall stand discharged. This petition is, therefore, partly accepted, in terms of reduction in sentence, as stated above.

S.A.

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