SH. ABDUL RASHID, J. - Sikandar Khan son of Mian Khan, Mubaraz Khan and Saparas Khan sons of Sikandar Khan were tried in case -FIR No. 80, dated 19.7.2003 under Section 337-A(ii), L(ii), F(iii)(v)
(vi)/34, PPC registered at Police Station Katha Sargal District Khusab on the report of Gul Jan complainant and were convicted and sentenced by a learned Magistrate 1st Class, Khushab vide judgment dated 5.12.2001 to the following effect:-
(i) Sikandar Khan petitioner was convicted under Section 337-F(iii) and L(ii), PPC for causing injuries to Sanwal Khan PW and sentenced him to undergo 6 months' R.I. And to pay Daman of Rs.5000/- to the injured PW on first count andi2 months' R.I. On second count respectively. The sentences were ordered to run concurrently.
(ii) Mubaraz Khan petitioner was convicted under Sections 337-A(ii), PPC for causing one Shijah Mudiyah injury each to Sanwal Khan PW and Ata Muhammad injured PWs and was sentenced to suffer 1 year R.I. On two counts and to pay Arsh viz: 5 percent of Diyat amount. The sentences were ordered to run concurrently.
(iii) Sparas Khan petitioner was convicted under Section 337-F(v), PPC for causing Ghayr Jaifa Hashima injury to Sanwal Khan injured PW and sentenced to suffer R.I. For one year and to pay Daman of Rs.7000/- to the injured PW.
2. Aggrieved by the above mentioned judgment dated 5.12.2001 of the learned Magistrate, lst Class, Khushab the petitioner filed an appeal assailing their convictions and sentence whereas Gul Jehan complainant filed criminal revision petition for enhancement of the sentences awarded to the petitioners. Both the appeal and the criminal revision were heard together by an Addl. Sessions Judge Khushab who vide judgment dated 29.5.2004 by partly accepting the criminal revision modified the conviction and sentence under Section 337-F(iii) and 337-L(ii), PPC he was convicted only under Section 337- F(vi) for causing Ghair Jaifa Munaqilah injury to Sanwal Khan PW and sentenced to undergo 114 Years R.L and to pay Daman of Rs. 18,000/- whereas the revision as against other two petitioners and the appeal were dismissed.
3. Feeling aggrieved thereby the petitioners have assailed their above-mentioned convictions and sentences by filing the instant Criminal Revision.
4. It is pleaded by the learned counsel for the petitioners that the parties have effected compromise and that in the occurrence Sanwal Khan and Ata Muhammad were injured and they both are present and both of them have submitted that they have effected compromise with the petitioners and do not want to pursue this case against them any further. The affidavits of Gul Jehan complainant, Sanwal Khan and Ata Muhammad injured PWs have also been produced stating therein that they have effected compromise with the petitioners who are closely related to them and do not want to pursue this case, Both the injured PWs have affirmed the contents of the affidavits before this Court.
6. In this view of the matter, by accepting the instant criminal revision the petitioners' convictions and sentences are set-aside and they are acquitted of the charges. They shall be released from jail forthwith if they are not required in any other case.