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Criminal Revision No.425 of 1985, heard on 3rd June, 1987.

---Ss.279/337--Accused had already undergone rigorous imprisonment for more than two months and injured persons had forgiven him praying for reduction in sentence--Sentence of imprisonment reduced to one already undergone.

Akhtar Ali Qazilbash for Petitioner.

Nemo for the State.

Date of hearing: 3rd June, 1987.

This revision petition is directed against the order dated 21-7-1985 of the learned Addl. Sessions Judge, Sargodha, dismissing the appeal of the petitioner against the judgment dated 21-5-1983 of Magistrate Ist Class, Sargodha, whereby he sentenced the petitioner to R.I. for six months under section 279 PPC, R.I. for six months under section 337 PPC and R.I. for one year under section 338 PPC, with the direction that all the sentences shall run concurrently.

2. The petitioner is a wagon driver. On 29-10-1981 Mr. Ghulam Mustafa, Advocate; Sargodha, Said Rasool, Sarfraz Ahmad, Muhammad Bashir and number of other persons boarded his wagon for Lahore. He drove the wagon so rashly and negligently that' it collided with a truck coming from the opposite direction, as a result of which aforementioned persons suffered injuries.

3. Learned counsel for the petitioner does not challenge the conviction, but states that the injured persons have forgiven the petitioner and his sentence may be reduced.

4. On 24-3-1986 Mr. Ghulam Mustafa Advocate appeared in person and stated that he has forgiven the petitioner. Affidavits of Sarfraz and Said Rasool P. Ws. to the effect that they have forgiven the petitioner have also been placed on the file.

According to medical evidence Mr. Ghulam Mustafa had four injuries out of which one was grievous, Said Rasool had 9 injuries' out of which two were grievous, Muhammad Bashir had four injuries out of which three were kept under observation and the rest were simple. The final result of aforesaid three injuries is not available on the record. Sarfraz had six injuries out of which one was kept under observation and the rest were simple. The final result of his aforesaid injury is also not available.

The petitioner was convicted by the trial Court on 31-5-1983 and his sentence was suspended on 23-5-1983. After the dismissal of his appeal on 21-7-1985 his sentence was suspended by this Court on 30-9-1985. In this way he has already undergone R.I. for two months and 12 days. Since the injured P.Ws. including those who suffered grievous injuries, have forgiven him, his sentence is reduced to the terms of imprisonment already undergone by him. This petition lands disposed of accordingly.

M.Y.H./B-29/L Petition accepted.

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