MUHAMMAD AZAM Versus STATE

This appeal is directed against the judgment, dated 14th February 1984, of Judicial Magistrate Section 30, Mandi Bahuddin, who convicted the appellant under section 307, P.P.C. and sentenced him to seven years' R.I. plus fine of Rs.3,000 or in default further R.I. for one year.

2. Briefly, the prosecution case is that on 26‑3‑1981 at about Dopehrwela, the appellant was cutting grass from the field of Muhammad Arshad complainant, who asked him not to do so, whereupon hot words exchanged between the twp. The appellant was carrying a sickle with him. He attacked the complainant, who thus sustained an injury.

3. The merits of the case need not be discussed, because the parties have compounded the offence, which has been made compoundable due to the amendment made in section 345, Cr.P.C. However, I have recorded the statement of Muhammad Arshad, the injured P.W. in this case, who deposed that he has for given the appellant in the name of God and that he has no objection if the appellant is acquitted. The complainant is being identified by Muhammad Saidq Lambardar.

4. After recording the statement of the complainant, who is being identified by the Lambardar of the village, I am satisfied that the compromise entered into between the parties is genuine and without any duress and coercion. In this view of the matter, the appeal is accepted, the conviction anti sentence of the appellant are set aside and he is acquitted of the charge. The appellant is to jail, He shall be set at liberty forthwith if not required to be detained in any other case.

N.H.Q./M‑1008/L Appeal accepted.