FALAK SHER, J.- Appellants Muhammad Sharif alias Sheefa (25), Abdul Naseer alias Naseer ud Din
(29) and Muhammad Aslam alias Ghunna(27) having been challenged alongwith Imtiaz alias Maju(proclaimed offender) in the case registered vide FIR No.61 of 8.3.1988 u/s 307/34 PPC at Police Station City Sargodha, Ex.PA, alleging launching of murderous assault on the complainant Pervez Hasan's brother Ghulam Abbas injured (passed away pending trial due to natural causes) with stick and daggers respectively around 6.00 pm. Inter alia pursuant to prolonged rivalry, were convicted and sentenced u/s 307/34 PPC to i.e years R.I. Each with a i.e of Rs.10,000/- each in default to serve six months S.I., in the event of recovery half of it to be paid as compensation to the legal heirs of the injured vide the impugned judgment dated 9-1-1993 by the learned Judicial Magistrate, Sargodha placing reliance on the ocular account furnished by Pervez/Hassan PW1 and Dost Muhammad PW3 with Muhammad Amir PW2 resiling having been won over, corroborated by the medical evidence furnished by Dr. Shafique Ahmad PW6 divulging 24 injuries on various parts of the anatomy vide medicolegal report Ex. PG and recovery of the crime weapons, preferred the captioned appeal.
2. During the course of hearing whereof, learned counsel for the appellants confronted with the evidence adduced explicitly opting not to question the conviction, stated that the appellants have practically served the entire sentence, therefore, keeping in view the prolonged agony of trial and incarceration be ordered to be released remitting the i.e, factum whereof being patently borne out from the record, remained uncontroverted by the learned counsel appearing on behalf of the State.
3. Consequently allowing/the appeal in the above terms, appellants be released forthwith if not wanted in any other case.