M.A. ZAFAR J. - Brief facts of the case are that Falak Sher complainant lodged F.I.R. Ex.P.A. With the allegation that on 09.12.2002 at about 5; 15 p.m. In the area of village Botala Tehsil and District Khushab complainant alongwith his son namely Saqib Hussain were going to their cattle shed.
Saqib Hussain was ahead four steps to him and when he reached near the Baithak of one Muhammad Khan son of Niaz Ali, Nazar Hayat, petitioner/accused appeared and made fire shot with his pistol which hit Saqib Hussain on left side of his peck and passed through the cheek. After the receipt of injuries Saqib Hussain fell down on the ground and the accused fled away from the scene. The motive behind the occurrence as stated in the F.I.R. Was that 15 days before the occurrence, an altercation took place between one Qamar cousin of the accused with Saqib Hussain during Taravi prayer and for the said incident complainant had moved an application to the Headmaster of the school where the accused was studying and due to said grudge accused committed murderous assault and caused injuries to Saqib Hussain.
2. After the submission of challan and framing charge on 08.04.2006 the learned Trial Court recorded the statements of the witnesses produced by the prosecution, complainant Falak Sher appeared as PW.1, Saqib Hussain injured PW.2, Sajid Hussain PW.3, Dr. Tahir Hayat who medically examined injured as .PW.4, Rehmat Ali, ASI PW.5, Khaliq Dad FC PW.6 and also produced Ex.P.A. To Ex.PF in. Support of its case by the prosecution.
3. The learned Trial Court vide judgment dated 22.10.2008 convicted and sentenced the petitioner under Section 324, PPC and awarded the sentence as under:- "4 years' R.I. With a fine of Rs. 25,000/- in default of payment of fine to further undergo 2 months' S.I.
"Benefit of Section 382-B Cr.P.C. Was also given to the petitioner."
4. Feeling aggrieved from the judgment passed by the learned Magistrate both the parties approached the learned Sessions Judge, Khushab, petitioner filed appeal challenging his conviction and sentence whereas Falak Sher complainant filed revision for enhancement of sentence and compensation etc.
5. The learned Sessions Judge,. Khushab vide judgment dated 24.11.2008 reduced the sentence of imprisonment from four years to two years' R.I, but enhanced the amount of compensation from Rs.
25,000/- to Rs. 50,000/- and in default of payment of compensation, petitioner was directed to undergo one month's S.I.
6. Learned counsel for the petitioner has not challenged the conviction and sentence of imprisonment as well as fine/compensation.
7. After hearing the. Learned counsel for the parties and perusing the record I have noticed that at the time of alleged occurrence in the year 2002 petitioner was a young lad of 15/16 years of age and he faced the agony of the trial and appeal for seven years he had already undergone the sentence of more than a year and the sentence already undergone by the petitioner will meet the ends of justice. Though the learned Sessions Judge enhanced the amount of fine/compensation from Rs. 25,000/- to-Rs. 50,000/- but at the same time he reduced the sentence from two months'
S.I. To one month's S.I. Which the petitioner has to undergo in case of default, in payment. Keeping in view the peculiar facts and circumstances of the case I reduce the sentence from imprisonment of two years to imprisonment already undergone by the petitioner, similarly the amount of fine treated as compensation i.e. Rs. 25,000/- awarded by the learned Magistrate is restored but in default of payment of compensation has to undergo 6 months' S.I. Instead of one month as directed by learned Sessions Judge. With the above modification the revision petition stands disposed of.