Amin appellant was convicted under section 319, P.P.0 vide judgment, dated 18-2-1999 passed by Additional Sessions Judge, Jhang, and sentenced to payment of "Diyat" to legal heirs of the deceased Noorul Islam and 3 years' rigorous imprisonment was awarded to him as Ta'zir.
Aggrieved of the aforesaid judgment, present appeal was filed.
2. Learned counsel for the appellant as well as the State have been heard today. The examination of record reveals that a .30 bore pistol belonging to Muhammad Waris, uncle of the accused- convict accidentally went off whereby Noorul Islam was hit and he lost his life. The accused in the facts and circumstances of the case could have been convicted for offence under section 316, P.P.C. Only.
3. The conviction and sentence awarded to the appellant, keeping in view the facts and circumstances of the case, is modified. He is convicted under section .316, P.P.C. And sentenced to pay Diyat amounting to Rs,2,12,664.09 and sentence of imprisonment already undergone by him as Ta'zir.
4. The convict shall be treated, hereafter, as an under-trial prisoner until the amount of Diyat is paid by him or his parents or other relatives. The appellant-convict may pay Diyat in terms of provisions of section 331, Cr.P.C. And seek his release from prison in accordance with law referred to above.
5. The appeal is dismissed with above modification in conviction and sentence imposed on the appellant-convict.