The petitioner was convicted under section 324, P.P.C. And was sentenced to three years' R.I. With a fine of Rs.1,000 or sufferance of four months' R.I. In default of payment of this fine, through a judgment dated 28-10-1985 of a learned Magistrate, Section 30 at Sargodha.
2. His appeal was dismissed by a learned Additional Sessions Judge at Sargodha on 7-11-1985 with the modification that the sentence of three years' R.I. Was reduced to a term of one year's R.I. And the fine of Rs.1,000 was reduced to a fine of Rs.500 and the imprisonment directed id default of payment of this fine was six months' R.L.
3. Hence this petition.
4. In view of the concurrent findings of guilt recorded by the two learned Courts below, the learned counsel has elected not to contest the conviction recorded against the petitioner and has instead prayed that in the peculiar circumstances of this case, the sentence of imprisonment be reduced.
5. The occurrence is more than six years old; the petitioner had inflicted only three injuries which were simple in nature; he is suffering the agony of these criminal proceedings for the last over six years and has even remained in jail before and after his conviction.
6. Consequently, while maintaining the petitioner's conviction under section 324, P.P.C. I reduce the sentence of one year's R.I. Imposed on him to the term of imprisonment already suffered by him after extending to him the benefit of the provisions of section 382-B, Cr.P.C.
7. In the peculiar circumstances of this case, the sentence of fine is remitted:
8. The petitioner is on bail. He shall be set at liberty after being discharged from his bail/surety bonds.