The appellant in this case was tried by a Magistrate Section 30 at Jauharabad on the charge under section 307, P.P.C. For having committed a murderous assault on his were, and was sentenced to undergo rigorous imprisonment for a term of five years, and to pay fine of Rs. Ten thousand, or in default thereof to further undergo rigorous imprisonment for six months. Both the sentences were ordered to run consecutively. It was further directed that in the event of the recovery of tine, half of the same shall be paid as compensation to Mst. Sawai, the victim of attack.
2. Aggrieved by his aforesaid conviction and sentences, the appellant has preferred this appeal, which shall be disposed of through this judgment.
3. At the very outset, the learned counsel for the appellant has argued that the petitioner has injured his own were, and now both the parties have compromised. The learned counsel further argued that the appellant by now has undergone one year, eight months and a few days' imprisonment. According to the calculation made by the Jail authorities, the appellant has suffered about two years' imprisonment. The learned counsel further contends that Mst. Sawai the victim of attack is now living with the appellant as his were, and it would not be in the interest of justice to send him back to jail.
4. The arguments advanced by the learned counsel are genuine, and for the reunification and settlement of the family, of course, it would not be advisable at this stage to relodge the appellant in jail. In this view of the matter, the conviction of the appellant is maintained, however, his sentence is reduced to already undergone. Sentence of fine is maintained, out of which five thousand shall be paid to the victim of attack as compensation. In default of the payment of fine, the appellant shall undergo six months' R.I. The amount of line shall be deposited within two months. With these observations this appeal is disposed of.