IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Appeal No. S- 16 of 2018.

Ladho Jagirani.                                                    ………...Appellant.

Versus

The State.                                                             ..…..….Respondent.

Mr. Muhammad Afzal Jagirani, Advocate for appellant.

          Mr. Sharafuddin Kanhar, A.P.G.

Date of hearing:             09.04.2018.

Date of Judgment:                   09.04.2018.

J U D G M E N T

Amjad Ali Sahito, J-.   This criminal appeal is directed against the impugned judgment dated 13.12.2017, passed by learned  III-Additional Sessions Judge, Larkana, in the sessions case No.436/2017, arisen out of Crime No.80/2017, registered with Taluka P.S Larkana, for offence under Section 23 (1) (a) of the Sindh Arms Act, 2013, whereby the appellant was convicted and sentenced to suffer rigorous imprisonment for two years with fine of Rs.5000/-, and in default in payment of fine to suffer S.I for a period of one month, and the benefit of section 382-B Cr.P.C was extended to the accused.

          2.       Briefly, the facts of prosecution case are that complainant ASI Zulfiqar Ali lodged an F.I.R on behalf of the State, stating therein that on 24.08.2017, he alongwith PC Raja Safdar Ali, PC Azad Ali, driver PC Raza Muhammad Malgani left Police Station on government vehicle under entry No.32, at about 06.30 a.m., while taking arms and ammunition for patrolling purpose. During patrolling after passing through various places, when they reached at Kamber Road near Sim Curve, where one person seeing the police party tried to slip away towards Link Road. They finding his movement as suspicious apprehended him and conducted his body search and found one 30-bore pistol from his left fold of Shalwar, which was unloaded and found three live bullets in its magazine. He inquired about license, he disclosed that it was without license. He sealed the weapon on the spot and prepared mashirnama. Complainant  also inquired him about his name, whereupon he told his name as Ladho Jagirani son of Mangio Jagirani, resident of village Ali Nawaz Khan Jagirani, Taluka Lakhi Ghulam Shah, District Shikarpur. He also conducted further body search but nothing was recovered except wearing apparel. After preparing mashirnama, he obtained signatures of PC Raja Safdar and PC Azad Ali upon it. Thereafter, police party took the arrested accused and recovered case property  to Police Station, hence this F.I.R.

          3.       During course of trial, charge was framed against the appellant, to which he pleaded not guilty and claimed trial. Consequently, the prosecution examined PW-1 PC Raja Safdar (the eyewitness/mashir of case) at Ex.4, he produced mashirnama of arrest and recovery and mashirnama of site inspection at Ex.4-A and 4-B. PW-2 ASI Zulfiqar Ali (complainant as well as I.O of case) was examined at Ex.5, he produce roznamcha entry Nos.32, 04 and 05 respectively at Ex.5-A to 5-C. Then the prosecution closed its side vide Ex.6. Thereafter, the statement of appellant under Section 342 Cr.P.C was recorded, in which he denied all the allegations of prosecution leveled against him. He however did not examine himself on oath, nor lead evidence in his defence in disproof of the charge.

          4.       After conclusion of the trial, the trial Court passed the impugned judgment and awarded conviction as stated above. The applicant has filed instant appeal aginast said judgment.

          5.       Heard the learned counsel for the appellant as well as learned A.P.G and gone through the entire material available on record.

          6.       The learned counsel for the appellant after arguing the matter at some length prays for a lenient view in the case, on the ground that the appellant and his family members are extremely poor, and he is the only earning member of his family; during confinement of appellant in jail, his family members are on the brink of starvation. Learned counsel has further contended that the appellant is a first offender and that he has served out half portion of sentence awarded to him, and his conduct at jail has remained satisfactory; as reported in the jail-roll.

          7.       Learned A.P.G. has conceded to the above submission made by learned counsel for appellant and extended no objection, if conviction and sentence of appellant is modified and reduced to a period already undergone by the appellant.

          8.       I have considered the submissions made by learned counsel appellant that the appellant and his family are extremely poor persons and his family members are virtually starving, due to confinement of the appellant in jail. Perusal of the jail-roll of appellant shows that the appellant has served out about half portion of the sentence including remission and his conduct in jail is satisfactory. The appellant also appears to be first offender, as there is no such material on record that the appellant is already convicted in any other case. In the given circumstances I am inclined to take a lenient view in the matter.  Accordingly, the sentence awarded to the appellant including the period he was to undergo in lieu of fine, is reduced to the period of his detention in jail he has already undergone. With the above modification in the sentence of appellant, this appeal is dismissed. The appellant shall be released forthwith, if his custody is not required in any other case.

                                                                JUDGE

Ansari/*