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1991 P Cr. L J 1554

ABDUL RASHID vs THE STATE

Citation1991 P Cr. L J 1554
CourtLahore High Court
Case No.Criminal Revision No.675 of 1985
Date1991-03-25
Judge(s)Khalil-ur-Rehman Ramday
ResultSentence reduce

On account of two simple injuries inflicted by a Sota attributed to Rashid petitioner he was convicted under section 307/34, P.P.C. Alongwith his co---accused Abdul Qadir who was saddled with the solitary grievous injury received by Bashir P.W. This was vide judgment dated 25-5-1951 of a learned Magistrate, Section 30 at Faisalabad.

2. The appeal filed by Abdul Rashid petitioner failed except that lie was allowed the benefit of the provisions of section 332-B, Cr.P.C.. The appellate judgment is dated 10-11-1935 passed by a learned Additional Sessions Judge at Faisalabad.

3. Hence this petition.

4. In view of the concurrent findings of guilt recorded against Rashid petitioner, the learned counsel has elected not to contest the conviction recorded against him but has instead prayed that the sentence of one year R.I. Imposed on the petitioner be reduced.

5. The learned counsel submits that the occurrence is about fifteen years old and is by now a forgotten affair; that the petitioner was attributed only two simple abrasions by a blunt weapon; one on the shoulder and the other on the buttock of Bashir P.W.; that the petitioner had already been in jail for more than four months and that in the circumstances, the imprisonment already suffered by him should be considered sufficient to meet the ends of justice.

6. The submissions made by the learned counsel have force.

7. While maintaining the conviction of the petitioner recorded under section 307/34 of the Pakistan Penal Code, I reduce the sentence of one year's R.I. Imposed on him to the term of imprisonment already suffered by him including the period spent by him in jail as an under-trial prisoner. The direction regarding payment of compensation is however maintained. The petitioner shall pay the said amount, if not already paid by him, within one month and if the amount has already been paid or is so paid within one month from today, then he shall stand discharged of the bail/surety bonds but in case this amount of compensation is not paid within the stipulated period, then he shall be taken into custody to undergo the imprisonment directed in default of payment of this compensation.

8. This criminal revision stands disposed of in the above terms.

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