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1997 MLD 2443

MUSTAFA vs THE STATE

Citation1997 MLD 2443
CourtLahore High Court
Case No.Criminal Appeal No. 301 of 1990
Date1992-11-30
Judge(s)Sh. Ijaz Nisar
ResultSentence reduce

Mustafa son of Ramzan was tried for murderously assaulting Muhammad Aslam son of Hasta. By judgment dated 14-5-1990 Mr.Gulzar Muhammad Bhatti, Magistrate Section 30, Okara convicted him under section 307, P.P.C. And sentenced him to 5 years' R.I. And to pay a fine of RS.5,000 or in default to undergo further imprisonment for one year. He was further directed to pay Rs.10,000 by way of compensation to the injured P.W. Or in default to undergo 6 months' S. I.

Mustafa has appealed to this Court.

2. Before the appeal could be disposed of on merits, Muhammad Aslam injured has submitted a compromise deed. According to him, he has forgiven the appellant in the name of God and Holy Prophet (peace be upon him) without receiving any compensation.

3. Learned counsel appearing on behalf of the State has no objection to the acceptance of the compromise.

4. The occurrence was sequel to a dispute between the parties over distribution of water.

5. Muhammad Aslam was medically examined and the fire-arm and blunt weapon injuries found on his person were declared to be simple. It is stated that he has already undergone sufficient imprisonment,

6. In view of the above circumstances, the conviction of the petitioner is maintained but his sentence is reduced to the period of imprisonment already undergone by him. He shall also pay a fine of Rs.3,000 or in default to undergo two months' R.I.

7. With the above modification, the appeal is otherwise dismissed.

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