1. ' SHAFIUR RAHMAN, J.--Abdur Rehman and Sher Khan were tried for attempting on the life of one Sabir who escaped unhurt but their shots fired at him hit and killed two unconcerned and innocent passengers of the bus, Mst. Maroof Sultan and Imtiaz. The shot fired by Abdur Rchman killed Mst.
2. Maroof Sultan while shot fired by Sher Khan killed Imtiaz. The trial Court held both of them guilty of the offences under sections 302/34, P.P.C. And 307/34, P.P.C. The sentence recorded in the case of Shcr Khan was imprisonment for life and a fine of Rs. 20,000 or in default of payment of fine to suffer further R.I. For two years. Abdur Rehman was sentenced to death and a fine of Rs. 20,0(X) or in default of payment of fine 2 years' R.I. Under Section 307/34, P.P.C. Both were convicted and sentenced to seven years' R.I. And a fine of Rs. 5,0(X). The sentences were ordered VI run consecutively.
3. ' On appeal the High Court maintained the conviction and sentence and the death sentence was confirmed.
4. Both the convicts sought leave to appeal from this Court but it was denied to Sher Khan and also to Abdur Rehman against conviction but the sentence awarded to the latter was permitted to be examined on the ground that Abdur Rehman appellant was under the influence and he acted at the behest of Sher Khan who had been given lesser punishment.
5. At the hearing of the appeal we find that there is a compromise between the appellant and the heirs of Mst. Maroof Sultan. According to the compromise petition, Muhammad Nawaz, her husband is the only surviving heir. He has accepted the compromise and the receipt of the compensation. In view of such a compromise having been entered into and the sentence being only on one count, we would allow the appeal against the sentence and convert it into life imprisonment. Further as the transaction was one involving Sabir alone and incidentally and consequentially the other two deceased, the sentences under sections 307 and 302, P.P.C. Are ordered to run concurrently. Benefit of section 382-B is also allowed.
6. The State Counsel has no objection to the extension of the benefit in the matter of sentence granted to Abdur Rehman to he extended to Sher Khan also, whose appeal is not at present before us formally but he deserves this benefit and of Section 382-B on account of consistency and equality. We accept the appeal to this extent, and make an order in respect of Sher Khan also.