This is an appeal by Ghulam Ali to challenge his conviction by Mr. Shabbir Hussain Chatha, Magistrate Section 30, Shorkot, District Jhang who vide impugned judgment, dated 21-2-1987 sentenced him to 5 years R.I. Under section 304, P.P.C. And to 3 years' R.I. Plus fine of Rs.5,000 or in default six months' R.I. Under section 429, P.P.C. Both the sentences of imprisonment were ordered to run concurrently.
2. I have heard the learned counsel for the appellant and have also gone through the record of this case. The allegation against Ghulam Ali appellant is that on 17-9-1982 at about 10 p.m. While driving bus in fast speed and negligently hit the cart (Rehra) of Ghulam Muhammad deceased who died as a result of that accident. The prosecution case is supported by P.W.1 Umar Daraz, P.W. 2 Muhammad Jaafar, P.W. 3 Muhammad Abdullah and P.W. 4 Fayyaz Hussain. The medical evidence was furnished by P.W. 13 Dr. Muhammad Latif. These are independent witnesses. I have gone through their statements and do not find any thing to exclude their evidence from consideration against the accused. As such the conviction of the appellant under, sections 304 and 429, P.P.C. Is maintained.
3. It is submitted on behalf of the appellant and admitted by learned counsel for the complainant that the parties have compromised and that the legal heirs of Ghulam Muhammad deceased have duly been compensated on the intervention of respectables of the locality. It is, therefore, argued that the sentence awarded to the appellant be reduced. On the last date of hearing Umar Daraz complainant, Muhammad Shafi and Muhammad Ramzan. Three sons of Ghulam Muhammad deceased appeared in person in this Court to state that they have been compensated by the appellant and that they have entered in compromise with him. They prayed that he be acquitted. Affidavits on behalf of Mst. Fateh Bibi widow and Mst. Sakina Bibi daughter of Ghulam Muhammad deceased have also been placed on record of this appeal in support of compromise. The fine of Rs.5,000 has already been deposited by the appellant in the trial Court.
The appellant Ghulam Ali remained in judicial lock up during trial of this Court for some time. He is in prison since 21-2-1987 serving imprisonment under the impugned judgment. This means that he has already served about 2 months' imprisonment in jail and the fine has also been deposited in Court. In view of the compromise between the parties maintaining the sentence of Ghulam Ali under sections 304 and 429, P.P.C. I reduce his sentence of imprisonment to one already undergone by him. The sentence of fine is maintained. The fine of Rs.5,000 which has already been deposited in Bank through the trial Court will be paid to Mst. Fateh Bibi widow of Ghulam Muhammad deceased.