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Criminal Appeal No. 610 of 1985, heard on 12th February 1986.
‑‑Ss. 304, Part II & 323‑‑Sentence‑‑Appeal not pressed on merits but on taking lenient view in respect of sentence‑‑Accused suffering agony of protracted trial‑‑Three persons on side of accused also receiving injuries during occurrence and trial Court coming to conclusion that it was a free fight‑‑Sentence of imprisonment reduced from ten years to four years.‑‑[Sentence].
Shahid Hussain Kadri for Appellants.
M. Iqbal for the State.
Date of hearing: 12th February, 1986.
This Criminal Appeal arises from the judgment of learned Sessions Judge, Sargodha, whereby he, on 15‑8‑1985 convicted Ramzan and Suleman appellants under sections 304‑11 and 323, P.P.C. and sentenced them as under:‑‑
Under section 304‑II, P.P. C. to imprisonment for ten years' R.I. each and a fine of Rs.1,000 each in default thereof further R.I. for one year each.
Under section 323, P.P.C. to a period already undergone by them.
It was directed that the appellants shall get the benefit of the provisions of section 382‑B, Cr.P.C.
2. Learned counsel for the appellants has not challenged the conviction and rightly so because there is ample evidence on record to prove that the appellants had committed the offences punishable under sections 304‑II and 323, P.P.C. He has requested for leniency in the sentence. In these circumstances that the occurrence took place on 3‑10‑1982, that they were tried and convicted on 9‑6‑1984 by the learned Additional Sessions Judge, Sargodha, that on appeal the conviction and sentence was set aside and the case was remanded back to the trial Court, vide order, dated 13‑4‑1985. that they were again convicted and sentenced as stated above, on 15‑8‑1985 that they have suffered the agony of protracted trial, that three persons on the side of the appellants also received injuries during the occurrence and that the trial Court has also come to the conclusion that there was a fore fight, I feel inclined to reduce the sentence of 10 years' R.I. to 5 years' R.I. each. The fine of Rs.1,000 and the sentence in default thereof awarded by the trial Court is maintained. The appellants shall get the benefit of the provision of section 382‑B, Cr.P.C. as directed by the trial Court. Disposed of accordingly.
M.Y.H. Appeal partly accepted.
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