ALLAH YAR Versus THE STATE Shah Ahmad Khan Blouch , Abul Fateh

This Criminal Appeal arises from the judgment of learned Sessions Judge, Toba Tek Singh, whereby he on 29‑e‑1987 convicted Allah Yar appellant under section 304‑I, P.P.C. and sentenced him to 7 years' R.I,

2. Learned counsel for the appellant has not challenged the conviction of the appellant under section 304‑I, P.P.C. and rightly so because there is ample evidence in proof of the commission of an offence punishable under section 304‑I, P.P.C. against the appellant. Learned trial Court has properly appreciated the evidence and has given sound and cogent reasons for not convicting the accused under section 302, P.P.C. Learned counsel has requested for leniency in sentence on the ground of compromise between the legal heirs of the deceased and the appellant. Mst. Haleema Bibi, widow of the deceased Mulazim Hussain is present in the Court. She has produced affidavit to the effect that she has adequately been compensated by the appellant. The affidavit has been placed on record.

3. Since the compromise between the legal heirs of the decease and the appellant is a recognized ground for the reduction in sentence, therefore, in view of the sizable compensation in the shape of 1 Acres of agricultural land and a sum of Rs.45,000 received by legal heirs of the deceased, I feel inclined to reduce the sentence of the appellant from 7 years' R.I. to one year and seven months' R.I., which has already been undergone by him. He will be released) immediately, if not required to be detained in any other case.

M.Y.H./A-308/L Order accordingly.