' Mukhtar, his two sons Mumtaz and Gulzar were tried under section 325 read with section 34 P.P.C. , for causing injury to Abdul Razzaq. The trial Magistrate 1st Class, Shorkot by judgment dated 21-2- 1984, convicted the three accused under section 325/34 P.P.C., and sentenced them to 9 months R.I.
Each.
' The convicts appealed. The appeal was dismissed by Additional Sessions Judge, Jhang, by judgment dated 26-1-1985. Hence this revision.
2. The occurrence was alleged to have taken place on 21-12-1981, at 4.00 p.m in the field of Haji Abdul Razzaq, in the village Rustam Sargana. The report was lodged by Sharif, son-in-law of Haji Abdul Razzaq the injured. The dispute was with regard to the possession of land.
3. The sole point urged by the learned counsel for the petitioners was that there was conflict between the ocular and medical evidence. The petitioners as such are entitled to acquittal.
This submission has no force because there is a concurrent finding of fact by the two Courts below.
Unless learned counsel points out any error of law, I am not inclined to interfere. He has failed to do so. Hence the only question to be considered is whether the petitioners are entitled to some concession in the sentence.
The occurrence took place on 21-12-1981. They were convicted , on 21-2-1984. Their appeal was dismissed on 26-1-1985. They have been in and out of jail number of times.
5. Neither the trial Magistrate nor the appellate Court took notice B of the fact that the conviction having been recorded under section 325/34 P.P.C., it was mandatory to have imposed fine as well.
6. I do not think any useful purpose would be served by sending the petitioners back to prison to serve the un-expired period of sentence. On the other hand, ends of justice would be met if they are set at liberty with sentence already served by them and a nominal amount of fine.
' I, therefore, order that the sentence already undergone would meet the ends of justice. In addition to that the petitioners shall pay fine of Rs, 1,000 each within one month. Whole amount shall be paid as compensation to Abdul Razzaq, the injured. In case of non-payment within such period, the Collector concerned shall take immediate steps for realization and payment of fine.
' The petitioners are on bail. Their bail bonds shall stand discharged. The revision petition is disposed of accordingly.