A Chinese shoe polisher has escaped jail after being convicted of using excessive force and killing an AIDS patient in self-defence in a knife attack after an argument over his services.

The Intermediate People's Court in Shenyang, capital of Liaoning Province, Monday convicted Qiu Fusheng, owner of a shoe polishing shop in the city, of intentional homicide.

But the court showed leniency after hearing that Qiu was acting in self-defense when attacked by Guan Lihong, an AIDS patient and drug addict, and had agreed compensation with Guan's family.

He was sentenced to three years in prison with a five-year reprieve, meaning Qiu must live under police supervision for five years.

The court heard that Guan came to Qiu's shop to collect his shoes at 9 p.m. on June 16, 2008. He had a quarrel with Qiu over the price and quality of the service.

Guan asked for compensation of 5,000 yuan (733 U.S. dollars). Qiu called the police, who let Guan go after questioning as Guan claimed to be an AIDS patient.

The next morning, Guan came again to Qiu's shop and demanded compensation of 6,500 yuan. Qiu refused and Guan attempted to slash him with a kitchen knife. Qiu grabbed the knife and stabbed Guan, who died in hospital.

Qiu's family has agreed to pay Guan's family 150,000 yuan in compensation.

The court heard 42-year-old Guan was a drug addict. He was diagnosed with AIDS in May last year.

(Xinhua News Agency June 2, 2009)