ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD
Cr. Appeal No.D-34 of 2010
Confirmation Case No.04 of 2010
DATE ORDER
WITH SIGNATURE OF JUDGE
For regular hearing
30.03.2017.
Mr.
Ghulamullah Chang, Advocate for appellant.
Syed Meeral Shah D.P.G. for the State.
-.-.-.
Appellant
Wali Muhammad was tried by learned Additional Sessions Judge, Tando Adam in
Sessions Case No.168 of 2002. By judgment dated 27.01.2010, appellant was
convicted under Section 302(b) PPC Tazir and sentenced
to death. Appellant/accused was ordered to pay compensation of Rs.2,00,000/- in terms of Section 544-A Cr.P.C to the legal
heirs of deceased. Trial Court made reference to this Court for confirmation of
death sentence. Both matters are fixed today.
Mr. Ghulamullah Chang, Advocate for
appellant and Syed Meeral Shah D.P.G pointed out that appellant Wali Muhammad
has expired in Central Prison Hyderabad with the history of Hepatitis-C on 25.02.2017.
Superintendent, Central Prison, Hyderabad vide his letter dated 25.02.2017 has
given such information to this Court. Learned D.P.G confirms the death of
appellant Wali Muhammad in the Central Prison Hyderabad.
In the
result, Cr. Appeal No.D-34 of 2010 filed on behalf of appellant Wali Muhammad
on account of his death is abated. As regards the compensation ordered by the
Trial Court vide judgment dated 27.01.2010, the same
shall be recovered from legal heirs of deceased accused as arrears of land
revenue in accordance with law. Since appeal is abated, reference for
confirmation of death sentence moved by the Trial Court has become infructuous
and the same is accordingly disposed of.
JUDGE
JUDGE
Ali Haider