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Criminal Petition No. 141 and Criminal Appeal No. 40 of 1984, decided on 7th May 1984.

(On appeal from the judgment dated 7‑4‑1984 of the Lahore High Court in Criminal Appeal No. 179 of 1978).

‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), Ss. 302 & 304‑P petitioner and complainant respondent, pending hearing entering into compromise under which complainant rec compensation from petitioner‑‑Petition converted into appeal, accepted and sentence of petitioner reduced to that already by him.

Khawaja Sultan Ahmad Senior Advocate Supreme Cou Maqbool Ahmad, Advocate‑on‑Record for Petitioner.

Khalil Ramdey Additional Advocate‑General for the State.

Date of hearing: 7th May, 1984

.‑‑The petitioner herein, namely, Hamayun son of Alauddin, over‑ran Abdul Hamid with his truck and crushed him. The petitioner was, accordingly, tried under section 302, P.P C but the learned Additional Sessions Judge, Lahore convicted him under section 304‑A, P.P.C. and sentenced him to 4 years' R.I. and a fine of Rs.2,000 or in default to further undergo R.I. for six months. Out of the fine, if recovered, half of the amount was ordered to be paid to the heirs of the deceased as compensation.

2. The convict appealed against his conviction and sentence; while the complainant Muhammad Sadiq, maternal‑uncle of the deceased, filed a revision praying for alteration of the conviction from section 304‑A, P.P.C. to section 302, P.P.C. and enhancement of the sentence to death.

3. Both the matters were heard by a learned Single Judge of the Lahore High Court, who, by his judgment, dated 7‑4‑1984, was pleased to dismiss both the appeals (filed by the petitioner), as also the revision (preferred by the complainant Muhammad Sadiq) and maintained the judgment of the learned Additional Sessions Judge in to. The petitioner has now moved this Court by this petition for leave to appeal.

4. In the meanwhile, the parties, have entered into a compromise. A sum of Rs.30,000 has been paid to the complainant, Muhammad Sadiq, who, it appears, is the only heir of the deceased and he has stated before us that he has forgiven the petitioner and does not wish that any action should be taken against him. Since he has no grievance left against him he has no objection if the petitioner is set free.

5. We issued notice to the State and Mr. Khalil‑ur‑Rehman Ramdey, the learned Additional Advocate‑General has appeared. He has no objection if the Court accepts the compromise entered into between the parties and decides the case accordingly.

6. We would, therefore, convert this petition into an appeal and while maintaining the conviction of the appellant under section 304‑A, P.P.C. reduce the sentence to that already undergone by him. He may, therefore, be set at liberty, if not wanted in any other case.

S.Q. Sentenced reduced.

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