1. Granted.
1. 2 and 3. This jail appeal is directed against the judgment dated 20-12-2004 passed by the learned I-Additional Sessions Judge, Larkana and Special Judge STA for Taluka Dokri and Shandadkot. The appellant has been convicted for the commission of offence under section 302(b), P.P.C. Read with section 34, P.P.C. By way of Tazir and has been sentenced to imprisonment for life and to pay compensation of Rs,50,000.
2. Heard the learned Advocates for the parties. After arguing at some length learned counsel for the appellant has submitted that there are mitigating circumstances for reduction of sentence awarded to the appellant. He has contended that the appellant is aged about 82 years and except the allegation of instigation no overt act has been attributed to him. According to the contents of F.I.R., as well as the eye-witnesses, appellant was admittedly empty-handed at the time of incident.
3. The learned counsel for the appellant has submitted that looking to the old age of, the appellant coupled with the fact that he was empty-handed at the time of incident it would be in the interest of justice to convert the conviction from section 302(b), P.P.C. To section 302(c), P.P.C. And reduce sentence to already undergone. He was arrested on 28-8-2001 and since then he is continuously in custody. The learned counsel for the appellant had further stated that the appellant is prepared to deposit the amount of Rs,50,000 which has been awarded as compensation to the legal heirs of deceased Khadim Hussain.
4. The learned State counsel has submitted that looking to the old age of appellant and allegation of instigation only he has no objection to the reduction of sentence.
5. ' By consent the conviction of the appellant is upheld but it isconverted from section 302(b), P.P.C.
6. To section 302(c), P.P.C. The sentence of imprisonment is reduced to already undergone. The amount of compensation is directed to be deposited with the Accounts Officer of this Court during the course of the day. After deposit of the compensation amount on behalf of appellant notice be issued to the complainant and amount be paid to him on proper verification and identification for distribution amongst the Aulliya (legal heirs of the deceased) according to their respective share.
7. ' The appellant is serving out sentence in Central Prison Larkana. He is directed to be released forthwith if not required in any other case.