The two petitioners were found guilty of an offence punishable under section 324/34, P.P.C. By a learned Magistrate at Jhang vide his judgment dated 7-8-1988 and each one of them was sentenced to .Two years' R.I. And was also directed to pay a compensation of Rs.5,000 to the heirs of Shahabal P.W., who had died during the trial, or to suffer six months' R.I. In default of payment of the said compensation.
2. The benefit of the provisions of section 382-B, Cr.P.C. Was also allowed to the two petitioners.
3. In appeal, the conviction of the two petitioners was maintained but the sentence of two years' R.I.
Was reduced to a term of one year's R.I. In respect of each convict but each one of them was further sentenced to pay a fine of Rs.1,000 or to suffer two months' S.I. In default of payment of this fine. Nothing was mentioned about the compensation directed to be paid by the learned Magistrate, which would thus be presumed also to have been maintained.
4. Hence this petition.
5. In view of the concurrent findings of guilt recorded against the two petitioners, the learned counsel has elected not to contest the conviction recorded against the petitioners and has instead prayed that the sentences awarded to then; be reduced.
6. The learned counsel submits that the occurrence is more than five years old which has been forgiven and forgotten by now; that the said occurrence had taken place because Sanaullah P.W. a son of Shahabal P.W. Used to tease and take liberties with the females of the petitioners who are poor labourers of the village; that the petitioners had been found to have inflicted only simple injuries on the person of the victim; that each one of the petitioners had already suffered about three months' imprisonment, both as undertrial and as convicts and finally that in the circumstances, the interest of justice would be served if the petitioners are sentenced to the term of imprisonment already suffered by them.
7. Submissions made by the learned counsel have force.
8. While maintaining the conviction of the two petitioners under section 324/34. P.P.C. The term of one year's R.I. Imposed on each one of them is reduced to the term of imprisonment already suffered by each one of them after I extending to them the benefit of the provisions of section 382- B, Cr.P.C.
9. The learned Appellate Court imposed a fine of Rs.1,000 on each of the two petitioners which sentence had not been imposed on them by the learned trial Court and in awarding this sentence to the two petitioners, the learned Sessions Court had not given any notice to the petitioners which sentence of fine thus becomes illegal and this part of the sentence is accordingly set aside.
10. The learned trial Court had directed the petitioners to-pay compensation to the injured P.W.
Who has since died and the amount of this compensation was fixed as Rs.5,000 by each convict.
11. Considering the financial status of the two petitioners, I find that this compensation awarded by the learned trial Court was not justified and the same is accordingly remitted.
12. The two petitioners are on bail. They are set at liberty after being discharged from their bail/surety bonds.
13. This petition stands disposed of in the above terms.