1990 P Cr (PLP)
SHARIF and another — Petitioners Versus THE STATE — Respondent
| Citation | 1990 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SHARIF and another — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1990 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 P Cr (PLP) (SHARIF and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Ashraf for Petitioners
Headnotes / Summary
Ss. 326 & 323/34
Effect of compromise
Conviction was not challenged on merits
Parties had voluntarily compromised the matter between themselves-- All the injured persons appeared before the Court and admitted the compromise
Compromise would create good relations between the parties who would live in peace and harmony in future
Sentence was reduced to one already undergone in circumstances: --[Compromise].
Judgment & Decree
Sharif and Ashiq, petitioners, herein, alongwith Sher Muhammad and Mst. Inayat Bibi were tried, convicted and sentenced by Magistrate Section 30, Nankana Sahib, District Sheikhupura as under: Under section 326, P.P.C Sharif and Ashiq were sentenced to three years' R.I. each plus a fine of Rs. R.I. each or in default to undergo three months R.I. each. Under section 323, P.P.C Sher Muhammad was sentenced To three months R.I. Under section 323, P.P.C Mst. Inayat Bibi was sentenced to A fine of Rs.100 or in default to undergo one months R.I. They filed appeal against their conviction and sentence and learned Additional Sessions Judge, Shaikhupura, vide judgment, dated 19-10-1978 acquitted Inayat Bibi and Sher Muhammad by giving them benefit of doubt but maintained the conviction and sentence of Ashiq petitioner. But while maintaining the conviction of Sharif petitioner, learned Appellate Court reduced his sentence to one year's R.I. and a fine of Rs.500. Feeling aggrieved thereby both Ashiq and Sharif have filed the instant revision (Criminal Revision No. 817 of 1978) Their sentence was suspended by this Court on 8-11-1978.
2. The charge against the petitioners was that they while armed with hatchets, had voluntarily caused grievous as well as simple hurt to Sabir, Manda, Amraz and Hakim P.Ws. on the morning of 12-10-1976, in the vicinity of Chak No. II, Police Station Syed Wala, District Sheikhurpura.
3. There is no need to give the facts in detail as the parties have effected compromise. All the injured persons, namely, Sabir, Manda, Amraz and Hakim are present in person. They have made written application in this regard. They state that they have effected a compromise with the petitioners and have pardoned them in the name of Almighty, therefore, they have no objection if they are acquitted.
4. The petitioners have not challenged the conviction on merits. Admittedly, the parties live in the same village from their forefather. They have effected compromise voluntarily. The compromise would obviously create good relations between them and I think that they would live in peace and harmony in future. It is now well-recognized that in a hurt cases where the parties effect compromise the Courts would reduce the sentence of the accused. Reference may be made to 1976 S C M R
193. I would. therefore, while maintaining the I conviction of the petitioners under section 326, P.P.C. reduce their sentence to the period of imprisonment already undergone. The petitioners are on bail. They I are discharged of their bail bonds. SA./S-683/L Sentence reduced.