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Petitioner: GHULAM HAIDER VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, M. S. H. Qureshi Title: GHULAM HAIDER vs The STATE Case No.: Criminal Appeals Nos.8 of 1984 and 346 of 1983 Cr. Appeal No.60 of 1982 Date of Judgment:1985-01-27 Reported As: 1985 SCMR 884 Result: Appeal allowed
Judgment ORDER NASIM HASAN SHAH, J.--The petitioner was convicted under section 307, P.P.C for causing serious injuries to Ghulam Muhammad, P.W.4, including to, on the head and was sentenced by the learned trial Magistrate to 7 year's R.I. And a fine of Rs.10,000, in default thereof to simple imprisonment for to years. On appeal, a learned Single Judge of the Lahore High Court, sitting at Bahawalpur, gaining the impression that the parties had entered into a compromise and further observing that the petitioner had served out more than one year of his sentence reduced the sentence of imprisonment to the sentenced already undergone by him, but maintained the sentence of fine of Rs.10,000, half of which, on realisation, was to be paid to Ghulam Muhammad, P.W.4 as compensation. The petitioner, still feeling aggrieved, has moved this Court for leave to appeal. After hearing his learned counsel, we feel that the main grievance of the petitioner is that the sentence of fine of Rs.10,000 is to severe, in the circumstances of the case. We issued notice to the Advocate General (Pb.) and Mr. Khalil Ramday, learned A.A.-G. Has appeared his behalf and has been heard. In the peculiar circumstances of this case, we are inclined to reduce the sentence of fine to Rs.5,000. This petition is, accordingly, converted into appeal and allowed to the extent that the sentence of fine is reduced to Rs.5,000, which shall, as realisation, be paid in its entirety to Ghulam Muhammad, P.W.4, as compensation. In default of payment of the fine, the petitioner shall suffer further simple imprisonment for to years, as already ordered.