PLJ 2024 Cr.C. (Note) 296
[Lahore High Court, Multan Bench]
Present: Shehram Sarwar Ch., J.
KHADIM HUSSAIN and another--Appellants
versus
STATE and another--Respondents
Crl. A. No. 42 of 2016, decided on 23.9.2024.
Pakistan Penal Code, 1860 (XLV of 1860)--
----Ss. 201, 364-A, 148 & 149--Modification in quantum of sentence--Reduction of sentence--Reappraisal of evidence--Coming to reduction of sentence of appellants, considering facts of this case, agony of trial faced by appellants and with consent of learned Law Officer and counsel for complainant, while maintaining conviction of appellants in offence under Section 201, P.P.C., sentence of appellants (reproduced in para 1 of this order) is reduced to that has already undergone by them--The amount of fine and compensation, as imposed by trial Court, upon appellants and punishment in default whereof are maintained--After payment of fine and compensation amount within a period of one month by appellant, their sureties shall stand discharged from liability of bail bonds and in case of non-payment of fine and compensation, law shall take its own course--Appeal disposed of. [Para 5] A
Prince Rehan Iftikhar Sheikh, Advocate for Appellants (on bail).
Mr. Muhammad Ali Shahab, Deputy Prosecutor General for State.
Mr. Tahir Mehmood, Advocate for Complainant.
Date of hearing: 23.9.2024.
Order
Khadim Hussain and Manzoor Hussain, appellants along with their co-accused Asif Hussain, Mst. Razia Bibi and Sarfraz Hussain, were tried by learned Addl. Sessions Judge Sahiwal in a private complaint instituted under Sections 302, 364-A, 201, 148 and 149, P.P.C. in case F.I.R No. 39 dated 22.02.2012 registered at Police Station Kameer District Sahiwal and vide judgment dated 15.12.2015 passed by learned trial Court, they were convicted under Section 201, P.P.C. and sentenced to rigorous imprisonment for seven years with fine of Rs. 20,000/- each and in default whereof, to further undergo three months S.I. They were further directed to pay Rs. 30,000/- each as compensation to the complainant under Sectin 544-A, Cr.P.C. recoverable as arrears of land revenue. Benefit of Section 382-B, Cr.P.C. was extended to the appellants. The appellants were acquitted of the charges of offences under Sections 364-A, 302, 148 and 149, P.P.C.
2. I have heard learned counsel for the appellants, learned Law Officer as well as learned counsel for the complainant and perused the record.
3. At the very outset, learned counsel for the appellants submits that he does not press the conviction of the appellants but has requested for reduction of their sentence awarded by learned trial Court to that already undergone by them. On the other hand, learned Law Officer and learned counsel for the complainant have no objection for reduction of sentence of the appellants.
4. On my reappraisal of evidence, I am of the view that the appellants have rightly been convicted by the learned trial Court in offence under Section 201, P.P.C. As per report submitted by the Superintendent, Central Jail, Sahiwal, the appellants have served out more than ten months of their sentence.
5. Coming to the reduction of sentence of appellants, considering the facts of this case, the agony of trial faced by the appellants and with the consent of learned Law Officer and learned counsel for the complainant, while maintaining the conviction of the appellants in offence under Section 201, P.P.C., the sentence of the appellants (reproduced in para 1 of this order) is reduced to that has already undergone by them. The amount of fine and compensation, as imposed by learned trial Court, upon the appellants and punishment in default whereof are maintained. After payment of fine and compensation amount within a period of one month by the appellant, their sureties shall stand discharged from the liability of bail bonds and in case of non-payment of fine and compensation, the law shall take its own course.
6. With the above said modification in the quantum of sentence, this criminal appeal is disposed of.
(A.A.K.) Appeal disposed of
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