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Criminal Appeal No. 962 of 1980, decided on 26th April, 1986.
‑‑‑S. 307/34‑‑Protracted trial‑‑Leniency in sentence‑‑Occurrence took place in 1979‑‑Accused having suffered agony of protracted trial‑‑Accused remained in Jail as under‑trial and also J month after conviction‑‑Agony of protracted trial and imprisonment already suffered by him, held, would meet the ends of justice in circumstances.
Muhammad Iqbal Sargana for Appellants.
Ch. Abdur Rashid for the State.
Date of hearing: 26th April, 1986.
This criminal appeal arises from the judgment of the learned Magistrate Section‑30, Jhang, whereby he on 30‑8‑1980 convicted Jaffar and Machhia appellants under section 307/34, P.P.C., and sentenced Jaffar to five years' R.I. and a fine of Rs.500 or in default to further R.I. for six months, and sentenced Machhia to two years' R.I. and a fine of Rs.500 or in default to further R.I. for six months. It was also directed that appellants shall pay Rs.500 to Sarfraz injured as compensation or in default to further R.I. for three months each.
2. The learned counsel has not challenged the conviction and rightly so because there is ample reliable evidence on record which connects the appellants with the commission of offences. As for Jaffar, the learned counsel has stated that he has served out the entire sentence. So far as Machhia appellant is concerned, the learned counsel has requested for leniency in the sentence. In circumstances that the occurrence took place in the year 1979, that Machhia appellant has suffered the agony of protracted trial; and that he remained in the jail as under-trial prisoner and also for about I month after his conviction, I feel that the agony of protracted trial and the imprisonment already suffered by him would meet the ends of justice in case. The sentence of fine or imprisonment in default thereof and compensation directed to be paid by the appellants, is also remitted.
The appeal is disposed of accordingly.
S. A. Sentence reduced to
already undergone.
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