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Criminal Appeal No.422 of 1986, heard on 18th November,1986.
---S. 304, Part I--Sentence, reduction in--Parties related to each other, lived in same village and had entered into a compromise--In interest of future good relations between parties and peace in village, sentence reduced to a period already undergone by accused.--[Compromise].
Noor Hayat and others v. The State 1983 S C M R 889 ref.
Sardar Shaukat Ali for Petitioner.
Mian Muhammad Jamil Akhtar for the Complainant.
Rana Ahmad Saeed for A.-G. for the State.
Date of hearing: 18th November, 1986.
Sharafat Ali (45) and his wife Mst. Amna (35) were tried for the murder of Subhan Khan. On 27-4-1986, Additional Sessions Judge, Kasur, convicted Sharafat under section 304, Part I, P.P.C. and sentenced to 10 years' R.I. with a fine of Rs . 3, 000 in default to undergo six months' R.I. further. Mst. Amna was acquitted of the charge. The convict has come up in appeal. Kallu Khan informant a real uncle of the deceased has come up in revision against the acquittal under section 302, P.P.C.
2. Before going into the merits of the case, learned counsel for the appellant argued that the parties are related to each other. They belong to the same brotherhood and live in the same village. They have entered into a compromise. In view of this and future peace in the village, the sentence already undergone by the appellant may be considered enough. In support of the submissions, reliance was placed on a case reported in Noor Hayat and others v. The State 1983 SCMR. In the cited case, the conviction was also under section 304, Part I, P.P.C. and in view of the compromise, the sentence was reduced to a period already undergone. The authority relied upon is also attracted to the facts of this case. The counsel have identified the father of the deceased and the informant. One Aas Muhammad, Advocate, who is related to the parties has also identified the complainant party. They have put in a written compromise. In the interest of future good relations between the parties and peace in the village, this appeal is accepted to the extent that appellant's sentence is reduced to a period already undergone by him. The sentence of fine is remitted. In view of the compromise, the complainant party has given up its claim to compensation. The appellant shall be released forthwith if not required in any other case.
S.G.D. Order accordingly.
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