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Criminal Appeal No. 367 of 1980, decided on 19th March, 1986.

‑‑‑S. 307/34‑‑Injured person entering into compromise with accused persons‑‑Appeal coming up for hearing six years after suspension of sentence of accused‑‑Sentence reduced to one already undergone in circumstances.

‑‑‑S. 307/34‑‑Compromise‑‑Compromise between parties in non- compoundable offence is a recognised ground for reduction in sentence.‑‑[Compromise‑‑Sentence].

Sh. Nasim Hassan and Lal Khan Baluch for Appellants.

Nemo for the State.

Date of hearing: 19th March, 1986.

This criminal appeal arises from the judgment of the learned Magistrate Section 30, whereby he on 27‑3‑1980 convicted Sultan Muhammad and Ata Muhammad appellants under section 307/34, P.P.C. and sentenced them to five years R.I. each and a fine of Rs.5,000 each in default thereof to further R.I. for six months each.

The learned Magistrate also directed that the licensed guns Exhs. P.2 and P.4 and licences P/3 and P/5 be confiscated to State.

2. The learned counsel has not challenged the conviction. He has requested for leniency in the sentence on the ground that Nasir Abbas injured has entered into compromise with the appellants. Nasir Abbas is present in the Court. He has produced application Mark 'A' in this behalf. The same be placed on the record. No one has appeared on behalf of State to oppose this appeal.

3. I have considered the submissions made by the learned counsel for the appellants with care. The appellants were convicted on 27‑3‑1980. They were allowed bail on 7‑5‑1980. Furthermore, compromise between the parties in non‑compoundable offence is a recognised ground for the reduction in the sentence. For these reasons, I feel inclined to reduce the sentences awarded to the appellants from 5 years' R.I. to one already undergone by them. The fine of Rs.5,000 each, is also remitted. In the peculiar circumstances of the case, I direct that guns P/2 and P/4 and licenses Exhs. P/3 and P/4 shall not be confiscated and be returned to the, appellants. The appeal is disposed of accordingly

H.A.K. Appeal partly accepted.

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