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Criminal Appeals Nos.8 of 1984 and 346 of 1983, decided on 28th January, 1984.
(On appeal from the judgment dated 15-10-1983 of the Lahore High Court, Bahawalpur Bench, Bahawalpur, in Cr. Appeal No.60 of 1982/ BWP) .
---Art.185(3)--Penal Code (XLV of 1860), S.307--Attempt t9 murder-Sentence--Accused sentenced to 7 years' R.I. and fine of Rs.10,000--Fine of Rs.10,000 found to be too severe in circumstances of case--Petition converted into appeal and sentence of fine reduced to Rs.5,000.
Mehar Ghulam Ali Mubashar, Advocate Supreme Court and Ch.Mehdi Khan Mehtab, Advocate-on-Record for Petitioner.
Khalil Ramday, Assistant-Advocate-General, Punjab for the State.
Date of hearing: 28th January, 1984.
.--The petitioner was convicted under section 307, P.P.C for causing serious injuries to Ghulam Muhammad, P.W.4, including two, on the head and was sentenced by the learned trial Magistrate to 7 year's R.I. and a fine of Rs.10,000, in default thereof to simple imprisonment for two years.
On appeal, a learned Single Judge of the Lahore High Court, sitting at Bahawalpur, gaining the impression that the parties had entered into a compromise and further observing that the petitioner had served out more than one year of his sentence reduced the sentence of imprisonment to the sentenced already undergone by him, but maintained the sentence of fine of Rs.10,000, half of which, on realisation, was to be paid to Ghulam Muhammad, P.W.4 as compensation.
The petitioner, still feeling aggrieved, has moved this Court for leave to appeal.
After hearing his learned counsel, we feel that the main grievance of the petitioner is that the sentence of fine of Rs.10,000 is too severe, in the circumstances of the case. We issued notice to the Advocate General (Pb.) and Mr. Khalil Ramday, learned A.A.-G. has appeared his behalf and has been heard.
In the peculiar circumstances of this case, we are inclined to reduce the sentence of fine to Rs.5,000.
This petition is, accordingly, converted into appeal and allowed to the extent that the sentence of fine is reduced to Rs.5,000, which shall, as realisation, be paid in its entirety to Ghulam Muhammad, P.W.4, as compensation. In default of payment of the fine, the petitioner shall suffer further simple imprisonment for two years, as already ordered.
S.Q. Appeal allowed.
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