MEHMOOD ALI KHAN Versus ABDUL RASHID
Khalid Aziz appellant (20) having been convicted and sentenced under section 307, P.P.C. to 7 years' R.I. with a fine of Rs. 2,000 in default to serve one year's R.I. concurrently under section 427 to 2 years' R.I. with a fine of Rs. 4,000 in default to undergo one month's R.I. in the event of realisation payable as compensation to the complainant Akhtar Ali (35) availing the benefit contemplated by section 382-B, Cr.P.C. vide the impugned judgment, dated 21-2-1991 by the learned Judicial Magistrate, Sargodha in the case registered vide F.I.R. No.148 of 12-6-1989 at Police Station Cantt., Sargodha (Exh.P.A./1) recorded by Muhammad Iqbal, A.S.I. P.W.8 at Civil Hospital at 4-15 p.m. on the injured's statement Exh.P.A., a member of Sargodha Cantonment Board and shopkeeper across the Board's office on Liaqat Colony, P.A.F. Road allegins smashing wind screen of his car bearing registration mark 5522/SGF by the appellant with the butt of the gun and firing at the injured landing on his left wrist while running away from the venue of occurrence out of scare towards the Board Office with a view to dissuading the injured from prosecuting the theft case of the damaged car reported against the appellant's brother Tariq Aziz awaiting trial, preferred the captioned appeal.
2. Wherein the learned counsel -for the appellant having gone through the entire evidence, concluding the arguments specifically opting not to question the conviction confined his submission for reduction of the sentence submitting that the appellant has already served physical internment of 2-1/2 years of the awarded sentence which under the Jail Manual and the remissions accorded amounts to more than 2/3rd of the awarded sentence, prolonged agony of trial and appeal and pardoning by the complainant, factum where of is duly borne out from the record.
3. In view wherof partly allowing the appeal, maintaining the appellant s conviction the sentence of imprisonment is reduced to already undergone enhancing the sentence of fine to Rs. 10,000 payable inentirety as compensaaation to the injured in the event of realisation.s
N.H.Q./K-155/L Sentence reduced.