' ASIF SAEED KHAN KHOSA, J.--Sher Khan petitioner was convicted for an offence under section 337- (A), P.P.C; vide judgment, dated 13-11-2006 rendered by the learned Magistrate section 30, Mianwali and was sentenced to pay Daman of Rs,1,000 to the injured victim and also to undergo rigorous imprisonment for one year as Ta'zir. He was also convicted for an offence under section 337-F(v), P.P.C. And was sentenced to pay Daman Rs,5,000 to the injured victim and also to undergo rigorous imprisonment for two years as Tazir. Mian Haji petitioner was convicted for an offence under section 337-A(i), P.P.C. And was sentenced to pay Daman of Rs,1,000 to the injured victim and also to undergo rigorous imprisonment for one year as Ta'zir. He was further convicted for an offence under section 337-F(i), P.P.C. And was sentenced to rigorous imprisonment for six months as Ta'zir.
Sherbaz petitioner was convicted for an offence under section 337-F(i), P.P.C. And was sentenced to pay Daman Rs,1,000 to the injured victim and also to undergo rigorous imprisonment for six months as Ta'zir. The sentences of imprisonment passed against the petitioners were ordered to run concurrently and the benefit under section 382-B, Cr.P.C. Was extended to them. The petitioners preferred an appeal in that regard and the said appeal was decided by the learned Sessions Judge, Mianwali vide judgment dated 21-6-2007. The learned Sessions Judge, Mianwali partly allowed the appeal to the extent of Sher Khan petitioner No .1's conviction and sentence for an offence under section 337-F(v), P.P.C. Which were set aside but his appeal was dismissed to the extent of his conviction and sentence for an offence under section 337-A(i), P.P.C. The convictions and sentences of Mian Haji and Sherbaz petitioners recorded by the learned trial Court were upheld and maintained by the learned sessions Judge, Mianwali. Hence, the present revision petition before this Court.
2. During the pendency of this revision petition Criminal Miscellaneous No, 851-M of 2009 had been filed before this Court seeking acquittal of Sher Khan and Mian Haji petitioners on the basis of their compromise with the victims who had been injured by the said petitioners. According to the prosecution Sher Khan petitioner had caused an injury to Ayub Khan but his conviction and sentence for causing the injury to Ayub Khan Were set aside by the learned Sessions Judge, Mianwali vide judgment dated 21-6-2007. Sher Khan petitioner had also caused an injury to Khuda Bakhsh who has already forgiven Sher Khan petitioner which fact has been confirmed by Khuda Bakhsh's son namely Noor Muhammad who is present before this Court today (identified by Muhammad Ameer complainant): In this view of the matter the conviction and sentence of Sher Khan petitioner for causing an injury to Khuda Bakhsh needs to be set aside on the basis of the compromise. As regards Mian Haji petitioner he had caused two injuries to Noor Muhammad who is present before this Court in person today and he has confirmed the fact that he has already forgiven Mian Haji petitioner and has no objection to his acquittal by this Court. In this view of the matter the convictions and sentences of Mian Haji, petitioner are also liable to be set aside on the basis of the compromise Criminal Miscellaneous No,851-M of 2009 is, therefore, accepted, this revision petition is allowed to the extent of Sher Khan and Mian Haji petitioners, their convictions and sentences recorded and I by the learned Courts below are set aside and the said petitioners are acquitted of the charge on the basis of the compromise. The said petitioners have already been admitted to bail during the pendency of this revision petition. Their bail bonds and sureties shall stand discharged.
3. As far as Sherbaz petitioner is concerned he had given a Danda blow on the left elbow of Muhammad Ameer complainant and another Dada blow on the left buttock of Muhammad Ameer complainant. The occurrence in this case had taken place way back on 31-7-2001, i.e, about eight years ago. The seats of injuries caused by Sherbaz petitioner to Muhammad Ameer complainant were on non-vital parts of the complainant's body. A The weapon used by Sherbaz petitioner was an ordinary Danda which was not a lethal weapon. There was same dispute pending between the parties regarding demarcation of a joint property which dispute was later on resolved in favour of the accused party Sherbaz petitioner had no credentials of antecedents of being "a previous convict, habitual or hardened, desperate or dangerous criminal" within the purview of subsection
(2) of section 337-N, P.P.C. So as to attract the optional additional sentence of imprisonment as Ta'zir. This revision petition is, therefore, dismissed to the extent of Sherbaz petitioner's conviction for an offence under section 337-F(i), P.P.C. Recorded and upheld by the learned Courts below but the same is partly allowed to the extent of his sentence of imprisonment as Ta'zir which is set aside as unwarranted by the law. The sentence of payment of Daman of Rs,1,000 passed against Sherbaz petitioner is, however, upheld and maintained. Sherbaz petitioner has already been admitted to bail during the pendency of this revision petition. He is directed to A deposit the requisite amount of Daman with the learned trial Court within a period of one month from today, failing which he shall be taken into custody and shall be dealt with in accordance with the law. In case of making of the requisite deposit by Sherbaz petitioner within the stipulated period his bail bond and surety shall stand. Discharged.
4. This revision petition is disposed of in the terms recorded above.