Muhammad Shahbaz appellant was tried by the learned Sessions Judge, Gujranwala, for the murder of Faryad Hussain and for the attempted murder of Nasir Khan P.W. And vide his judgment, dated 21-11-1990, he was convicted under section 304, Part I, P.P.C. And sentenced to 10 years' R.I. He also convicted under section 324, P.P.C. And sentenced to 2 years' R.I. Both the sentences were directed to run concurrently. He was not awarded sentence of fine as due to poverty he was defended on Government expenses.
2. The occurrence took place on 14-9-1984 at about mid-day when the appellant was selling syrup on a push cart at Lohianwala Bye-pass near Gujranwala and Faryad Hussain (deceased) accompanied by his two friends went there and after taking syrup from the appellant as ordinary customers happened to join issues with him when he asked them to pay the price of the cold drink and go away. The appellant, during the course of scuffle, picked up a `Sooa' from his `Rehri' and injured Faryad Hussain and his companion Nasir Khan P.W. The former later died on account of the abdominal injury. It was a sudden quarrel as the parties did not know each other prior to the occurrence. On the conclusion of the trial, the appellant was convicted and sentenced in the: manner aforesaid.
3. Learned counsel for the appellant does not challenge the conviction of the appellant and only requests for the reduction of his sentence which, according to him, is harsh in the circumstances of the case.
4. There was admittedly no previous enmity between the parties and they were strangers to each other. The unfortunate incident took place in the heat of the moment on account of sudden quarrel and the appellant used a `Sooa' which was available-with him in the ordinary course of business for cutting ice.
5. In these circumstances where the conviction of the appellant under section 304, Part I, P.P.C. And under section 324, P.P.C. Is maintained, his sentence is reduced from 10 years' R.I. To 5 years' R.I.
Under section 304, Part I, P.P.C. And from 2 years' R.I. To 1 year's R.I. Under section 324, P.P.C. Both the sentences, as directed by the trial Court shall run concurrently and the appellant shall be entitled to the benefits of section 382-B, Cr.P.C. The appeal is accepted only to this extent. He should be informed accordingly through the jail authorities.
S.A./M-234/L