' TARIQ SHAMIM, J.--- Nazir Ahmad appellant, along with Shaukat Ali and Muhammad Ahmad; was tried by the learned Additional Sessions Judge-III, Pakpattan Sharif in case F.I.R. No,61 of 2004 dated 31-1-2004 under sections 395, 412, 460, P.P.C. Registered at Police Station Saddar Pakpattan Sharif and vide judgment, dated 29-9-2005 the learned Additional Sessions Judge, convicted the appellant under sections 396 and 460, P.P.C. And sentenced him to undergo 10 years' R.I. For each of the offences with fine of Rs,50,000 for each offence and in default of payment of fine to undergo simple imprisonment for six months each. The appellant was extended the benefit of section 382-B, Cr.P.C. And further the sentences were ordered to run concurrently.
2. Feeling aggrieved of the above said conviction and sentences the appellant preferred Criminal Appeal No,399-J of 2005 which is being disposed of through this judgment.
3. During the pendency of the appeal. Criminal Miscellaneous No,582-M of 2006 was filed on behalf of the appellant claiming that the legal heirs of Rehmat Ali deceased, the victim of the occurrence, have entered into a compromise with the appellant and have unanimously forgiven the appellant in the name of Almighty Allah and in the said regard they have sworn their affidavits. Vide order, dated 8-5-2006 this Court had directed the learned Sessions Judge Pakpattan Sharif to verify the legal heirs of the deceased and the genuineness of the terms arrived at between the parties and to submit his report. The learned Sessions Judge submitted his report, according to which Rehmat Ali deceased was survived by Zubaida Bibi (Widow), Zafar Ali, Mushtaq (sons), Firdaus Bibi, Bushra Bibi, Azra Bibi and Zikran Bibi (daughters) being his legal heirs. The learned Sessions Judge recorded the statements of all the legal heirs of the deceased who in their statements accepted the fact that a compromise has taken place with the appellant and that they have forgiven the appellant in the name of Almighty Allah with their free consent and without fear or compulsion and that they have waived their right of Qisas and Diyat. All the legal heirs have stated that they have no objection if the appellant is acquitted.
4. The learned counsel for the appellant at the very outset did not challenge the conviction of the appellant and prayed for reduction in sentences on account of the compromise with the legal heirs of the deceased referred to above.
5. The learned counsel appearing on behalf of the State does not oppose the prayer made by the learned counsel for the appellant.
6. I have heard the learned counsel for the parties and perused the record.
7. The findings of the learned trial Court are 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. The legal heirs of the deceased have compromised with the appellant.
However, the offences under sections 396 and 460, P.P.C. Are non-compoundable offences as provided in Schedule II of the Code of Criminal Procedure. The appellant has already served out 2- 1/2 years of his sentences and keeping in view that the legal heirs of the deceased have forgiven the appellant in the name of Almighty Allah, I find it a fit case for reduction of sentences of the appellant. Reliance is placed upon Yousaf Ali and others v. The State 2002 SCM R 1885 and reference is made to the case of Sultan Mehmood and another v. The State NLR 1986 Crl.
343.
8. For what has been discussed above, this appeal is dismissed and the appellant's convictions are upheld. However, sentences are reduced to the period already undergone. The fine imposed by the learned Court is also reduced from Rs,50,000 to Rs,25,000 for each offence and in default thereof to undergo 3 months' S.I. Each.