2015 GBLR 130

MAQBOOL HUSSAIN Versus State

Citation2015 GBLR 130

CourtSupreme Appellate Court Gilgit Baltistan

Judge(s)Raja Jalal-ud-Din and Muzaffar Ali

1. RAJA JALAL-UD-DIN, J.--- The petitioner/convict namely Maqbool Hussain had moved an application for disposal of the petition on the ground of compromise effected with complainant party i.e. Athar Ahmad.

2. This court referred the petition to the trial court to authenticate the patch-up/compromise between the parties.

3. The trial court Anti-Terrorist Court, Judge No.1 has sent his report to this court in which he has authenticated that the injured Athar Ahmad has forgiven Maqbool Hussain convict for the criminal act done.

4. The trial court had also recorded the statement of Athar Ahmad along with the jirga members who have verified that a genuine compromise has been effected between the parties outside the court. The jirga members have also certified that the compromise will be long lasting and in the best interest of the parties as well as the society.

5. We have gone through the record of the case and seen that the accused Maqbool Hussain has been sentenced to imprisonment for 10 years and the fine of Rupees Fifty Thousand (Rs. 50,000/-) under section 324, P.P.C. read with section 7(c) of Anti-Terrorism Act, 1997 for murderous assault and injuries to Athar Ahmad and again under section 337-D, P.P.C. read with 7(c) Anti-Terrorism Act, 1997 to pay Arsh of Rupees One Hundred Thousand (Rs. 100,000/-) along with 10 years imprisonment, thirdly the convict Maqbool Hussain petitioner is sentenced to imprisonment for 5 years under section 13(d), Arms Ordinance, 1965. All the sentences to run concurrently.

6. The petitioner/accused has also been given a benefit of 382-B. The petitioner was arrested on 18-01-2010 and has spent a period of Four Years and Six months behind the bars.

7. We accept the compromise as being genuine and effective and we acquit the accused from the charges under sections 324/337/34, P.P.C. and 6/7 of A.T.A., 1997 vide FIR No. 10/2010 Police Station Cantt. Gilgit.

8. Regarding the sentence under section 13 Arms Ordinance we feel that there is no sufficient evidence on the face of the record to prove the said charge against the convict/appellant. He is acquitted from the charge under section 13 Arms Ordinance for insufficient evidence. The petitioner Maqbool Hussain is acquitted from the charge under section 324, P.P.C. 6/7, Anti-Terrorism Act and 13 Arms Ordinance vide FIR No. 10/2010 and 18/2010 Police Station Airport Gilgit.

9. The petitioner is acquitted from above mentioned charges and shall be released forthwith if not required in any other case.

10. The case is disposed off accordingly.

11. HBT/170/GB Appeal allowed.