' Sardar Masih appellant was convicted by the learned Magistrate Section 30, Sargodha under section 279, P.P.C. And awarded six months' R.I. And a fine of Rs,1,000 or in default two months' R.I. He was also awarded five years' R.I. And a fine of Rs,20,000 or in default S.I. For 1-1/2 years, under section 304, P.P.C. The learned trial Court passed the order that both the abovementioned substantive sentences shall run concurrently.
2. The appellant-applicant submitted an application under section 561-A, Cr.P.C. For accepting the compromise which he had effected with Wali Dad and Mst. Said Begum, father and mother respectively of Muhammad Jehangir deceased, who was unmarried. The statement of Wali Dad was recorded by me on 27-3-1994 in the Court whereas for recording the statement of Mst. Said Begum, the matter was referred to the District and Sessions Judge, Chakwal. The learned District and Sessions Judge has sent the statement, dated 5-6-1994 in which Mst. Said Begum has accepted the execution of the compromise.
3. I have examined the compromise and perused the aforesaid statement. The compromise seems to be genuine and voluntary and is not outcome of undue influence or coercion. I, therefore, accept the compromise. On acceptance of the compromise the conviction and sentences of the appellant-applicant under section 304, P.P.C. Are set aside and he is acquitted of the charge.
4. The offence under section 279, P.P.C. Is not compoundable. As observed above, both the substantive sentences were ordered to run concurrently. The appellant is behind the bars since 14- 2-1993. As such he has already undergone the sentence of 6 months awarded to him under section 279, P.P.C. And also the sentence in lieu of fine. I direct that the appellant should be released forthwith if not required to be detained in any other case.