This is an appeal by Khalid Zaheer, appellant against the judgment of a Section 30 Magistrate, dated 7-3-1985 convicting the appellant under section 304-A, P.P.C. And sentencing him to five years' R.I. With a fine of Rs.10,000 or in default thereof to undergo further R.I. Of one year.
2. The brief facts of the case are that on 25-5-1983 at 4-00 p.m., Muhammad Sabir, deceased, (son of Umar Din) a worker in an Ice Cream Factory situated in Mohallah Arshadpura, Sambrial, went out to pass urine. Allah Ditto, complainant, the owner of the Ice Cream Factory, finding the return of the deceased over delayed, went in search of him and found him lying dead close to the window of the factory of one Shah (father of Khalid Zaheer, accused), with his one hand grasping the iron rod of the window. Allah Ditto, complainant, felt electric current, when he touched the rod. The police was called. After investigation it was found that Khalid Zaheer, accused, had had the said window electrified, in order to prevent theft and that he had thus caused the death of Muhammad Sabir, deceased.
3. It appears that Syed Bashir Hussain Shah, owner of the Factory and father of Khalid Zaheer, appellant, has compromised the matter with both Umar Din, father of Muhammad Sabir, deceased and Allah Ditto, complainant. Pursuant to this compromise, a petition (Criminal Miscellaneous No. 2 of 1985) has been filed by the appellant for the suspension of his sentence and another petition (Criminal Miscellaneous No, 3 of 1985) for the disposal of his appeal, in terms of the compromise.
With the bail petition (Criminal Miscellaneous No. 2 of 1985), an affidavit of Umar Din (father of Khalid Zaheer, deceased) has also been filed, which shows that he has received Rupees five thousand (Rs.5,000) as compensation from Khalid Zaheer, appellant, through his father Syed Bashir Hussain Shah. Umar Din, father of the deceased, is present in Court. He has been identified by M.
Bashir Ch., Advocate. The photostat copy of the Identity Card of Umar Din bearing No. 302-32- 252654 issued by the District Officer on 4-7-1977, duly attested by the counsel for Umar Din, has been placed on the file. Umar Din, who is present in Court, confirms that he has received Rupees five thousand (Rs.5,000) from Khalid Zaheer, through his father, Syed Bashir Hussain Shah. He B has no objection if the sentence of the appellant is reduced to that already undergone. Allah Ditto, complainant, who is also present and has been identified by M. Bashir Ch., Advocate, also joins in the said request. The-learned counsel for the State, who is also present, has no objection if the Court accepts the compromise and decides the case accordingly.
4. In view of the above position, whilst maintaining the conviction of Khalid Zaheer, appellant, under section 304-A, P.P.C., I would reduce his' sentence to that already undergone by him and would set C aside the fine imposed on him. He may be set at liberty forthwith, not required in any other case.
This appeal, therefore, stands partly accepted, in terms of reduction in sentence and remission of fine.