Shah Muhammad appellant was tried by the learned Additional Sessions Judge, Kasur and vide his judgment, dated 29-1-1987, he was convicted under section 304, Part I, P.P.C. And sentenced to 10 years' R.I. And a fine of Rs.5,000 or in default to further undergo six months' R.I. For his having caused the death of Umar Hayat (deceased) on 5-5-1985 at 4 p.m. In the area of village Lambay Khalsa, Police Station Chunian, District Kasur, by causing him an injury with a Sota on his back chest, when his (deceased) buffalo strayed into the appellant's fields and started damaging his sheaves of wheat crop.
2. The learned counsel for the appellant contends that as per medical evidence, there was only one injury---a contusion 8 c.m. x 3 cm. On the outer side of left chest of the lower part located horizontally, and it was obviously a simple injury calling for his conviction under section 323, P.P.C.
Alternatively he has contended that if the appellant is found to have committed an offence under section 304, Part I, P.P.C. Then his sentence may be suitably reduced, keeping in view the imprisonment already undergone by him after his conviction till his release on bail on 22-7-1989.
3. No doubt there was no previous enmity between the parties and the doctor found only one injury, caused by blunt weapon on the person of the deceased at the time of post-mortem examination but the appellant's act does not fall within the ambit of section 323, P.P.C. As contended by his counsel. The appellant feeling annoyed by the trespass of deceased's buffalo into his fields and causing damage of his harvested wheat, gave him a push with his Sota with such a force on a vital part of his body that it resulted in the rupture of his spleen, causing his death within two to four hours. This reckless act on his part brought it within the purview of section 304, Part II, P.P.C. Because he knew that such an act was likely to cause death, though he had no intention of causing death.
Therefore, his conviction under section 304, Part I, P.P.C. Is altered to the one under section 304, Part II, P.P.C.
4. As regards his sentence, it is reduced from ten years' R.I. To five years' R.I. The fine of Rs.5,000 awarded by the trial Court, if recovered, was directed to be paid to the heirs of the deceased by way of compensation. That order is kept intact but the sentence in lieu of fine is enhanced from six months' R.I. To one year's R.I. He is also directed to pay a sum of Rs.5,000 more by way of compensation to the heirs of the deceased or in default to further undergo six months' R.I.
5. A copy of this order should be sent to the learned District Magistrate, Kasur, for causing the arrest of the appellant and sending him to the prison for serving out his remaining sentence, under intimation to the Deputy Registrar (Judicial) of this Court.