' This order shall also dispose of Criminal Revision No, 659 of 1978.
2. Bashir and Hamza appellants were tried for the murder of Ghulam Murtaza (deceased) and attempted murder of Jindwada (P.W.7) by Mr. Muhammad Aslam Somra, Additional Sessions Judge, D.G. Khan, who vide his order, dated 18-7-1978, convicted both of them under section 304, P.P.C. And sentenced each of them to 9 years' R.I. And a fine of Rs,500 each or in default to further undergo 3 months' S.I. He also convicted Hamza appellant under section 323, P.P.C. And sentenced him to 3 months' R.I. Both of his sentences were directed to run concurrently.
2. During the pendency of this appeal, Bashir appellant is reported to have been killed by the opponents as it appears from the copy of the F.I.R. Submitted by the learned counsel for the appellants.
3. As regards Hamza appellant, the role assigned to him in the occurrence was that he had given hatchet blow to Ghulam Murtaza (deceased) along with Bashir co-appellant and also caused simple injuries with the reverse of the hatchet of Jindwada P.W. The father of the deceased. By this time, he has undergone detention, pre-trial as well as after trial, for about five years. The opposite party has allegedly already taken the revenge by killing Bashir co-appellant whose sister Ghulam Murtaza (deceased) had abducted and he had killed him for the vindication of his family honour. In this way, the family of the appellant has lost the life of a person as also their honour, while the opposite party has also lost one person. In these circumstances, where the conviction of Hamza appellant is maintained, his sentence is reduced to one already undergone. Consequently the revision petition is also dismissed. .