' Karim Shah, Sada Shah, Gul Shah and Ashiq Shah were convicted and sentenced by Mian Muhammad Akram, P. C. S., Magistrate First Class, Gujrat, under section 452, P. P. C. To one and half years' R. I. Each vide his judgment dated 23-12-1964. The learned Sessions Judge, Gujrat while dealing with their appeal maintained their conviction but reduced their sentences to six months' R.
I.
2. Hence this revision petition.
3. The brief facts of the case are that the petitioners motivated by their grievance regarding a dispute on a piece of land measuring 12-1/2 bighas which devolved on Sadiq Hussain son of Niaz Hussain P. W. 2 after the death of his mother, joined hand and launched an attack on Sadiq Hussain son of Shah Sawar. They also inflicted injuries on Shah Begum and Fazal Bibi P. Ws. According to the prosecution Karim Shah and Gul Shah were armed with hatchets while Sardar Shah and Ashiq Shah were armed with sotas. The accused pleaded not guilty and stated that complainant party have set up a false case against them in order to bring about some pressure to get their land back.
The learned counsel for the petitioner while appearing on their behalf has submitted that the petitioner as well as the complainant party entered into a compromise as back as in year 1965 and filed a compromise dated 25-7-1965 as they were closely related to each other. Unfortunately this compromise was not accepted as the offence they had committed was not compoundable.
According to their counsel when the parties have patched up but same could not be condoned due to some technical hurdle, it would be against interest of justice that the petitioners should be asked to serve the unserved sentence when they have been living peacefully with the complainant party for the last eleven years. It was urged that in view of the said compromise and amity which has prevailed during the course of these long years, the ends of justice would be met if the sentence of the petitioners is modified to that already undergone.
4. Without going into the merits of the case I feel that the request of the learned counsel for the petitioners is quite justified. The petitioners one upon a time over dispute of land got infuriated and in wanton manner inflicted injuries on the complainant as well as on the two lady members of his family but very soon both the parties realised the folly of undergoing a litigation which was positively going to ruin their family life. This is why they buried A the hatchet and entered into a compromise. It can be reasonably inferred that the petitioners must have made amends to the complainant party and thus would have earned their forgiveness. In view of above I have no hesitation to hold that the remaining part of their sentences if ordered to undergo would put an end to healthy feeling and would give rise to bad blood which has since subsided between the parties.
5. The result is while dismissing the revision petition as being without any merits but taking into consideration the curious features of this case I modify the sentence of the petitioners to that already undergone. Since the are on bail they are discharged of their bail bonds.