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1985 MLD 827

MUHAMMAD YAMIN vs THE STATE

Citation1985 MLD 827
CourtLahore High Court
Case No.Criminal Revision No, 797 of 1969
Date1985-04-05
Judge(s)Rustam S. Sidhwa
ResultPetition partly accepted

' This is a revision petition by Muhammad Yamin, petitioner, against the judgment of an Additional Sessions Judge of Lahore, dated 25-6-1969, partly accepting his appeal by setting aside his conviction and sentence under section 279, P.P.C, but maintaining his conviction under section 338, P.P.C. And the sentence of six months rigorous imprisonment imposed in respect thereof.

2. The prosecution case in brief is that on 29-12-1966 at about 11-30 a.m. , Noor Elahi P.W.2 was going on his bicycle from the. Air Port to his home situated at Madina Colony Walton. When he reached near village Kora, a Jeep being driven by Muhammad Yameen, petitioner, came from behind and struck his bicycle, when he had already got off the main road and was on the Kacha Patri. As a result of this accident, Noor Elahi P.W.2 suffered a number of injuries, including fracture of his nosal bone, left leg and four ribs.

3. I have heard the arguments of the learned counsel for the petitioner and the State. Learned counsel for the petitioner only prays for the reduction of the sentence due to the great delay arising in the disposal of the present revision petition. In view of the statement of the learned counsel for the petitioner, only this limited matter will be dealt with. It is true that this revision petition, which was admitted in 1969, has come up for hearing after almost sixteen years. The petitioner has also undergone the agony of a protracted trial. The petitioner has also psychologically been under the burden of facing the dismissal of his petition, which itself is sufficient punishment. Taking all circumstances into consideration, I would reduce the sentence of the petitioner to that already undergone.

4. For the foregoing reasons, whilst maintaining the conviction of Muhammad Yameen, petitioner, under section 338, P.P.C. I reduce his sentence to that already undergone. The petitioner is on bail.

His bail bond shall stand discharged. This petition is, therefore, partly accepted, in terms of reduction in sentence, as stated above.

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