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Criminal Appeal No. 248 of 1981, decided on 3rd May1986.
‑‑‑S. 307/326‑‑Sentence‑‑Conviction not challenged‑‑Accused suffering agony of protracted trial and remaining in jail for more than 1i years‑ Protracted trial and imprisonment served by accused, held, would meet case‑‑Sentence of five years reduced to already undergone and fine also remitted.
Ch. Inayat Ullah Cheema for Appellant.
Muhammad Aziz Qureshi for the State.
This criminal appeal arises from the judgment of the learned Magistrate Section 30 T.T. Singh whereby he on 12‑3‑1981 convicted Muhammad Akbar appellant under section 307/326, P.P.C. and sentenced him to five years' R.I. and a fine of Rs.2,000 or in default thereof to further R.I. for six months.
2. The learned counsel has not challenged the conviction and rightly so because there is ample reliable evidence on the record to connect the appellant with the commission of crime. The learned counsel has requested for leniency in the sentence. In the circumstances that the occurrence took place in the year 1973, that the appellant has already suffered agony of protracted trial and that he remained in jail for one year and 8 months after his conviction, I feel that the agony of trial coupled with imprisonment served out by the appellant would meet the case. The fine of Rs.2,000 and the sentence in default of payment of fine is also remitted. The appeal is disposed of.
H.A.K. Sentence reduced.
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