Vide judgment dated 27.3.1999 passed by learned Civil Judge/Magistrate Section 30 by which he conviction u/S. 458 PPC and sentenced to four year RI with fine of Rs, 10,000/-, in case of default whereof to further undergo SI for six months, under Sec. 324 PPC to 4 years RI with fine of Rs, 10,000/- in case of default whereof to further undergo SI for six months, under Sec. 354 PPC one year RI and under Sec. 336 PPC four years RI as Tazir with a direction for payment of Arsh amounting to Rs, 1,70,610/- payable to the victim and the accused would remain' in jail until and unless he paid the same in case FIR No, 18 of 1997 registered at BMP Post Barthi, D.G. Khan. On appeal, the learned Additional Sessions Judge Dera Ghazi Khan, vide judgment dated 27.5.1999 upheld the conviction and sentence u/Ss. 354/458/336 PPC but set aside the conviction and sentence u/S. 324 PPC alongwith half diyat amount for the damage caused to the right eye. Both these judgments have been assailed through this revision petition.
2. The petition came up for hearing for arguments, but Mst. Zaitoon Mai injured victim has made voluntarily statement that she has pardoned the petitioner in the name of Almighty Allah without obtaining any Badl-i Sulah and has no objection to the acquittal of the petitioner. The offences under Sections 336 PPC is compoundable and Mst. Zaitoon Mai victim has compounded the same.
Therefore, conviction of the petitioner under the said offence is set aside and he is acquitted of the same. However, Arsh amounting to Rs, 1,25,813/- already deposited on behalf of the petitioner with Deputy Registrar (JudI.) of this Bench on 7.7.1999 pursuant to order dated 28.6.1999 will be paid to the victim Mst. Zaitoon Mai as agreed between the parties.
3. The other offences u/Ss. 354 and 458 PPC are not compoundable. Learned counsel for the petitioner has relied upon the judgment of Hon'ble Supreme Court of Pakistan titled "Yousaf Ali and others vs. The State" (2002 SCM R 1885) to contend that since compromise has been effected in the main offence u/S. 336 PPC, the sentence already undergone by the petitioner in the offences under Sections 458 & 354 PPC will meet the ends of justice.
4. I have perused the record and find that conviction of the petitioner recorded by the learned Courts below u/Ss. 354 and 458 PPC is based on correct elaborate and careful examination of the record and do not suffer from any illegality on account of misreading and non-reading of any material piece of evidence. Hence the same is maintained. However, keeping in view the factum of compromise effected between the parties to the extent of main offence u/S. 336 PPC, to keep the harmony between the parties, I find that it is a fit case for reduction of sentence of the petitioners u/Ss. 354 and 458 PPC.. The sentence of the petitioner is reduced to the period already undergone but the direction for payment of Rs, 10,000/-. is maintained, which shall be paid within two months, otherwise the petitioner shall suffer imprisonment of sentence as directed by the Courts below.
5. With the above said modifications in the impugned judgments, this revision petition stands disposed of.