IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Crl. Revision Application No. S-  22 of 2011

Applicant:                Waheed alias Abdul Waheed in person.

Respondent:             The State through Mr.Sharafuddin Kanhar, APG

Date of Hearing:     02.04.2018

Date of Judgment:  09.04.2018   

Amjad Ali Sahito, J.- Through instant Criminal Revision, the applicant has challenged the judgment dated 21.03.2011, passed by learned Additional Sessions Judge, Shahdadkot, whereby he has dismissed appeal filed by applicant against his conviction and sentence awarded to him by learned  Civil Judge and Judicial Magistrate-I, Shahdadkot, vide judgment dated  11.03.2011, in Criminal Case No. 179/2010, re; State v. Waheed @ Abdul Waheed, based on F.I.R No.199/2010, of P.S Shahdadkot, under section 13 (d) of Arms Ordinance, 1965 for one year R.I, and fine of Rs.5,000/-, and in case of default of fine he shall further undergo S.I, for two months more; the benefit of section 382-B Cr.P.C. was extended to the applicant.

2.         Briefly,  facts of the prosecution case are that on 03.10.2010 complainant ASI Ghulam Mustafa lodged F.I.R at Police Station Shahdadkot stating therein that on that day, he along with subordinate staff namely, PC Aijaz Ali, PC Ghulam Ali and driver PC Riaz Ahmed left Police Station Shahdadkot vide roznamcha entry No. 22 at 0600 hours for patrolling on police mobile in their area. During patrolling from different places when they reached at Sijawal Chowk, Shahdadkot town where they saw one motorcycle coming from Tanwri Shakh (minor) towards Sijawal Chowk, Shahdadkot. On seeking police party in uniforms, the persons who were on motorcycle turned their motorcycle towards northern side and being found suspicious, the police party followed them. The motorcycle of accused persons fell down on crossing of railway track consequently police reached there whereupon accused persons took out pistols, pointed the same upon police and issued threats of murder. Police party tactfully apprehended the accused along with pistols. On inquiry, one accused disclosed his name as  Abdul Karim @ Karoo Brohi and police also recovered one pistol of 30 bore with erased number along with five live bullets from him, while second accused disclosed his name as Waheed @ Abdul Waheed Magsi and the police also recovered one pistol of 30 bore erased number along with five live bullets from him. On enquiry, both accused persons disclosed that weapons were unlicensed. Thereafter, complainant prepared mashirnama of arrest and recovery in presence of P.C Aijaz Ali and PC Ghulam Ali. Then complainant brought the arrested accused persons and recovered property at Police Station Shahdadkot where he lodged present F.I.R. against the applicant while separate F.I.R was also lodged  against co-accused on behalf of the State. 

3.         During the course of trial, charge was framed against the applicant, to which he pleaded not guilty and claimed trial. Consequently, the prosecution examined P.W-1 complainant Ghulam Mustafa Seelro at Ex.3, he produced attested copy of roznamcha, memo of arrest, recovery and F.I.R at Ex.3/A to 3/C respectively, P.W-2 PC Mashir Aijaz Ali at Ex.4, he produced memo of place of incident at Ex.4/A and P.W-3 I.O/ASI Allah Warrayo Noonari at Ex.5. Thereafter the statement of applicant under section 342, Cr.P.C was recorded in which he denied all the allegations of prosecution levelled against him so also he did not examine himself on oath nor lead any evidence in his defence to disprove the charge.

4.         After conclusion of the trial, the trial Court passed the impugned judgment and awarded conviction   as stated above. The appellant filed appeal against the said judgment before the Court of learned Additional Sessions Judge, Shahdadkot which was dismissed vide impugned judgment dated 21 March, 2011. Hence this revision application.

5.         The applicant is present in person. His counsel is called absent. He submits that he is innocent and has been falsely implicated in this case by the police; that the alleged recovery has been foisted upon him by the police. He prays that he is innocent and acquitted of the charge.

6.         Learned APG conceded to the request made by the learned counsel for the applicant. He further states that since the sentence is short one and the applicant has remained in jail also therefore, he has no objection if the sentence of the applicant is reduced to one  already undergone.

7.         I have heard the applicant as well as learned APG for the State and perused the record. It is an admitted fact that the applicant was awarded sentence for one year with fine of Rs.5000/-. He is the first offender and he has no criminal record at his credit. He is in young age and awarded shorter sentence and he has been sufficiently punished. The appellant was prosecuted since 03.10.2010. He had undergone agony of  protracted trail for almost 08 years, therefore, the ends of justice will be amply met if substantive sentence is reduced from one to already undergone. Considering the mitigating circumstances of the case and while maintaining the conviction awarded by the trial Court in the instant case, the instant revision application is allowed. The applicant is acquitted of the charge. The applicant is on bail. His bail bond stands cancelled and surety discharged.

8.         By my short order dated 02.04.2018 this revision application was allowed and these are the reasons for the same.

                                                                                                Judge

Abid H. Qazi/**