1989 PLP 881 (MLD)

‑‑‑S. 324‑‑Reduction of sentence‑‑Prosecution having proved its case, accused was convicted ‑‑High Court found that no useful purpose would be served if accused was sent to jail to sere remaining portion of sentence, reduced sentence with direction that sentence of impirsonment already undergone would meet and, of justice‑‑Sentence of compensation however was increased. Syed Shakir Ali Rizvi for Petitioner. Ch. Abdul Mueed for the State. Date of hearing: 1st March, 1989. The facts leading to the filing of this revision are that Nawazish Ali Shah petitioner was provoked by Magistrate Section 30, Ferozewala, for causing injury with knife in the abdomen of Nawazish Ali P.W. The trial Court vide its judgment, dated 20‑11‑1978 convicted and sentenced the petitioner to three years' R.I. and a fine of Rs..500 or in default R.I. for 6 months: He was also directed to pay Rs.500 as compensation to the injured Nawazish Ali P.W. The petitioner assailed the judgment which came up for hearing before Sessions Judge, Sheikhupura, who, vide his judgment, dated 25‑11‑1978 dismissed the appeal and upheld the sentence. The petitioner has challenged' his conviction and sentence in this revision.

2. It is contended by learned counsel for the petitioner that there is unexplained delay of about 18 hours in the registration of the case. Contends that Nawazish Ali P.W. the injured in cross‑examination admitted that the witnesses came at the spot after he had been injured, therefore, they could not have witnessed the occurrence. Submits that the trial Court disbelieved the recovery of knife at the instance of the petitioner therefore, the statements of the witnesses who were inimical and interested may not be relied upon without corroboration which is not available. Submits that the occurrence took place on 11‑7‑1975 and the petitioner was arrested the following day and remained in jail for more than three months which is sufficient in the circumstances of the case. The contentions have been opposed by learned counsel for the State. I have heard the learned counsel and perused the file. The prosecution in support of its case produced 10 witnesses in all. The eye‑witness account has been furnished by Liaquat, Muhammad Nawaz and Nawazish Ali P.Ws. 2, 3 and 4 respectively. They have been cross‑examined at length but the defence could not A bring anything on the record, to prove that they are not truthful witnesses or did not witness the occurrence. I have gone through the statement of Nawazish Ali injured who has given detailed account of the occurrence. In these circumstances, I hold that the witnesses are truthful and could be relied upon. While going through the F.I.R. and the statements of the witnesses one thing is clear that prior to the present occurrence on the same day i.e. 11‑7‑1975 in the morning the petitioner and Nawazish Ali injured P.W. had an altercation but were separated by the people. The cause of incident was that the injured P.W, used to pass in front of the house of the petitioner while coughing which was objected to by the petitioner. Even at the time of occurrence the petitioner asked the injured P.W. not to look inside his house while passing in the lane to which he replied that he could not close his eyes. In these circumstances I feel that the petitioner was provoked by the injured P.W. I gave notice to the petitioner to show cause why the sentence of compensation be not enhanced. The notice was accepted by learned counsel for the petitioner who contended that the petitioner has been sentenced to a fine of Rs.500 as well as compensation of Rs.500 which is sufficient in the circumstances of the case. As I have already held that the prosecution has been able to prove its case and the petitioner was rightly convicted by both the Courts below but I feel that it will not serve any useful purpose if the petitioner is sent to jail to serve the remaining portion of his sentence. In these circumstances, while dismissing the revision, I reduce the sentence and direct that the sentence of imprisonment already undergone will meet the ends of justice. However, the sentence of compensation of Rs.500 is increased to Rs.5,000 which shall be paid to Nawazish Ali injured P.W.5 in default of payment, he shall further undergo three months' R.I. The revision is disposed of in the terms stated above. H.B.T./N‑211/L?????????????????????????????????????????????? Revision dismissed/Order accordingly.