' Muhammad Nawaz and five others petitioners stand convicted under section 148/305/506, P.P.C. and sentenced as under:-- Under section 148, P.P.C.One year's R.I. each.
Under section 365, P.P.C.3 years' R.I., ten stripes and a fine of Rs.5,000each.
Under section 506. P.P.C.Muhammad Nawaz and Attaya petitioners to one year's R.I. each. ' with the direction that the sentences shall run concurrently.
2. The charge against the petitioners was that they formed unlawful assembly duly armed with deadly weapons and abducted Mst. Fateh Khatoon, brother's wife of Atta Muhammad and Muhammad Nawaz petitioners and the close relative of the other petitioners, in order to confine her wrongfully and secretly and petitioners Nos.1 and 2 criminally intimidated that if the matter was reported to the police, they will kill the complainant party.
3. Learned counsel for the petitioners has questioned the nature of the offence under section 365, P.P.C. He maintained that since the abductee was closely related to the petitioners and was taken to the house of her husband, therefore, no case of abduction in order to wrongfully and secretly confine her punishable under section 365, P.P.C. is made out. Furthermore, the threats allegedly given by petitioners Nos.1 and 2 do not constitute criminal intimidation within its definition under section 505, P.P.C. No one has appeared for the State. .
4. I have considered the matter carefully. I feel persuaded to agree with the learned counsel. I find that since the petitioners/were/are closely related to the abductee and they had removed her to the house of her husband, therefore, no case punishable under section 365, P.P.C. is/was made out.
Furthermore, the unconditional threat extended by the petitioners also does not constitute offence punishable under section 506, P.P.C. So the conviction of the petitioners under section 365, P.P.C. is set aside. Instead they are convicted under section 351. P.P.C. Their conviction under section 506, P.P.C. is not maintainable.
5. This brings me to the question of sentence. I find that the occurrence took place in the year 1980.
After the occurrence there was a compromise between the parties, which is on the file. The petitioners have also remained in jail for one month after the rejection of the appeal before they could be released on bail by this Court in this revision. In these circumstances, I feel that the agony of trial coupled with the imprisonment already suffered by them would meet the case. The fine is also remitted. Disposed of accordingly.