This criminal appeal arises from the judgment of the learned Additional Sessions Judge, Sargodha, whereby he on 22-9-1977 convicted Rustam, Jiwan and Muhammad Yar appellants under section 304, Part I, P.P.C. Read with section 34, P.P.C. And sentenced to Rustam and Muhammad Yar to seven years' R.I. And a fine of Rs.1,000 each, in default to further R.I. For one year and Jiwan to 1-1/2 years' R.I. And a fine of Rs.500 in default to further R.I. For six months.
2. The learned counsel has not challenged the conviction and rightly so because there is sufficient evidence on record to show that it was a case of free fight. The learned trial Court has given sound reasons in support of the conclusion arrived at. The learned counsel has requested for leniency in the sentence. In the circumstances that Muhammad Yar appellant also received grievous injuries that the occurrence took place all of a sudden as held by the trial Court; the agony of the protracted trial suffered by the appellant; the fact that they remained in the jail throughout the trial and that Jiwan Rustam and Muhammad Yar remained in the jail for five months: nine months and more than a year respectively after their conviction and sentence, I am of the view that the sentence already undergone by them would meet the case. Order accordingly.