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Petitioner: YOUSAF ALI and others VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Faqir Muhammad Khokhar, Khalil-ur-Rehman Ramday, Munir A. Sheikh Title: YOUSAF ALI and others vs THE STATE Case No.: Criminal Petition No,32-L of 2002 Criminal Appeal No,195 of 1992 Date of Judgment:2002-04-05 Reported As: 2002 SCMR 1885 Result: Order accordingly
JUDGMENT
JUDGMENT ' MUNIR A. SHEIKH, J.---Petitioner Muhammad Tariq son of Kutab Ali and Muhammad Raman complainant who have been identified by Rashid Akhtar, Advocate are present in person. 2. Muhammad Tariq injured has compounded the offence under section 326, P.P.C. He has confirmed that he has pardoned the petitioners in the name of Almighty God and has no objection if their conviction and sentence under section 326, P.P.C. Recorded by the Courts below is set aside and they are acquitted. 3. We have heard learned counsel for the petitioners on the question of legality of conviction recorded against the petitioners under sections 452/148, P.P.C. And find that the findings of the Courts below are based on correct, elaborate and careful examination of the record and do not suffer from any illegality on account of misreading and non-reading of any material piece of evidence. 4. The complainant has already compounded the offence under section 326, P.P.C. We while considering the material available on the record alongwith the attending circumstance find that it is a fit case for reduction of sentence of the petitioners under sections 452/148, P.P.C. 5. For the foregoing reasons, this petition is converted into appeal and partly accepted in that conviction and sentence recorded and awarded by the Courts below to the appellants under section 326, P.P.C. Having been compounded is set aside and they are acquitted of the said charge. 6. The appellants's conviction under sections 452/148, P.P.C. Is upheld but their sentence is reduced to periods already undergone. They shall be released forthwith unless are required in some other case.