' This appeal has been filed by Muhammad Yasin son of Charagh Din caste Kharal resident of Mauza Kalaywala, Minchinabad, district Bahawalnagar, who has been convicted under section 307, PPC by Magistrate Section 30, Haroonabad, vide his judgment dated 18-9-1985 for having caused a grievous injury with a sickle in the abdomen of Muhammad Rafiq PW and sentenced to 7 years' rigorous imprisonment. The appellant, is in jail since then.
2. Muhammad Rafique, the injured PW. And Muhammad Khurshid, complainant in this case, are present in Court. They have filed affidavits dated 29-9-1985 saying that the elders of the family have brought about a compromise between the parties and that they have pardoned the appellant. They state that they have no objection if the appeal is accepted and the appellant is acquitted. Learned counsel for the appellant submits that it is now well-settled that in such like cases if the parties effect compromise then the sentence of the convict is reduced to the period already undergone. The contention has force. However, I find that the lower Court while recording the sentence has committed illegality inasmuch as he has not imposed fine on the appellant whereas it is provided in section 307, PPC that besides the sentence of imprisonment the accused shall also be liable to fine. Learned counsel for the appellant having been confronted with this legal proposition states that he has no objection if the fine is now imposed by this Court.
3. In these circumstances, the conviction of the appellant is maintained. However, in view of the compromise the sentence of the appellant is reduced to the period already undergone and pay a fine of Rs .500/- , or in default to undergo two months' rigorous imprisonment. Fine, if realised shall be paid to the injured as compensation . With this modification in sentence the appeal is dismissed.