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2008 YLR 1233(2)

FARMAN ALI and anothers vs THE STATE

Citation2008 YLR 1233(2)
CourtLahore High Court
Case No.Criminal Appeal No, 1808 of 2002
Date2004-05-12
Judge(s)Khawaja Muhammad Sharif
ResultOrder accordingly

' KHAWAJA MUHAMMAD SHARIF, J.-This judgment will dispose of Criminal Appeal No, 1808 directed against the judgment, dated 4-10-2002 passed by the learned Judge Anti-Terrorism Court, Faisalabad whereby he convicted and sentenced the appellants as under:-

(i) Being member of unlawful assembly, both the appellants were sentenced to undergo 2 years'

R.I. With fine of Rs, 10,000 each or in default six months'S.I. Each.

(ii) Under section 324/149, P.P.C. They were sentenced 7 years each with fine of Rs,40,000 each or in default thereof 1 year S.I.

(iii) Under section 337-F-3/149 they were sentenced to undergo 3 years' R.I. Each with Daman in the sum of Rs,20,000 each.

(iv) Under section 337-F-5/149, P.P.C. 4 years' R.I. Each and Daman in the sum of Rs,30,000.

(v) Under sections 324/149, P.P.C. 5 years' R.I. Each with fine of Rs,20,000 or in default 1 year S.I.

(vi) Under section 7(c) of AT^ 8 years' R. I. Each with fine of Rs,50,000 each or in default thereof 2 years' S. I.

2. Against these sentences the appellants filed the instant appeal; During pendency of the appeal a Criminal Miscellaneous N6.2084-M/2003 regarding compromise was filed on which report from learned Sessions Judge, Faisalabad was called. The report from the learned Sessions Judge, Faisalabad r has been received. According to report submitted by the learned Sessions Judge, Faisalabad, except, offence under section 7-ATA in all offences a compromise has been effected between the parties. In section 7-ATA, learned trial Court has awarded sentence to the appellants to undergo 8 years' R.I. With a fine of Rs,50,000 each or in default thereof 2 years' S.I. Under section 7(c) of ATA. Learned counsel for the appellants submits that as in the main offences the matter has been compounded, so the sentence of^the appellants which they have already undergone, be treated to be sufficient to meet the ends of justice.

3. I had asked the learned Addl: A-G. To assist me on this point. He submits that 7(c) of ATA is not compoundable so nothing can be done according to him in the instant case. Learned counsel for the complainant also verifies the submissions made by the learned counsel for the appellants but the learned State counsel adopts the same arguments which the learned Addl.: A-G. Has advanced.

4. After having heard the learned counsel for the parties and going through the record, I am of the view that 7(c) of AT A is not compoundable, however, in view of the fact that except this offence in all other offences a compromise has been effected between the parties, I reduce sentence of the appellants from 8 years to 7 years. Fine is also reduced from Rs,50,000 to Rs, 10,000 or in default thereof 3 months' S.I. Except 7(c) Of ATA. In all other offences which are under P.P.C., the appellants are acquitted because of compromise effected between the parties. With these observations this appeal stand disposed of.

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