IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Jail Appeal No. S– 48 of 2019.

Before;

Mr. Justice Irshad Ali Shah

Appellant: Muhammad Rashid son of Bashir Ahmed bycaste Khaldi.

Through Mr. Imdad Ali Malik, Advocate

Complainant. Muhammad Kashif son of Ghulam Sarwar bycaste Khaldi.

Through Mr. Ajeebullah Junejo, Advocate.

Respondent: The State, through Mr. Khalil Ahmed Maitlo,

Deputy Prosecutor General

Date of hearing: 08-06-2020.

Date of decision: 08-06-2020.

J U D G M E N T

IRSHAD ALI SHAH, J; The appellant by way of instant Criminal Jail Appeal has impugned judgment dated 18-03-2019 rendered by learned III-Additional Sessions Judge, Sukkur, whereby the appellant has been convicted and sentenced as under;

“For an offence punishable u/s 452 PPC accused was convicted and sentence to suffer R.I for four years and to pay fine of Rs.50,000/-, (Fifty thousand rupees) in case of default in payment of fine, he is ordered to suffer S.I for six months. For an offence punishable u/s 324 PPC accused was convicted and sentenced to suffer R.I for seven years and to pay the fine of Rs. 50,000/- (Fifty thousand rupees) and in case of default in payment of fine he is ordered to suffer S.I for six months. For an offence punishable under section 504 PPC accused was convicted and sentenced to suffer R.I for one year and to pay fine of Rs. 15,000/- (Fifteen thousand rupees), in case of default in payment of fine, he is ordered to suffer S.I for 15 days. For an offence punishable under section 337-D PPC accused was convicted and sentenced to suffer R.I for two years and to pay Arsh of Rs. 30,000/- (thirty thousand rupees). For an offence punishable u/s 337F(i) accused was convicted and sentenced to suffer R.I for one year as Tazir and to pay Daman of Rs. 15,000/- (Fifteen thousand rupees). For an offence punishable u/s 337F(ii) PPC accused was convicted and sentence to suffer R.I for two years and to pay Daman of Rs. 15,000/- (fifteen thousand rupees).”

All the sentences awarded to the appellant have been ordered to run concurrently with benefit of section 382-B Cr.P.C.

2. The facts in brief necessary for disposal of instant Criminal Jail Appeal are that the appellant allegedly with one unknown the culprit in furtherance of their common intention by committing trespass into house of complainant Muhammad Kashif caused knife injuries to his sister Mst. Sania with intention to commit her murder and then went away by insulting the complainant party, for that the appellant was booked and reported upon by the police.

3. At trial, the appellant did not plead guilty to the charge and prosecution to prove it, examined in all seven witnesses including complainant Muhammad Kashif and then closed its side.

4. The appellant in his statement recorded u/s 342 Cr.P.C denied the prosecution allegation by pleading innocence, he did not examine himself on oath to disprove the charge against him, but examined Muhammad Luqman and Muhammad Yaseen in his defence.

5. It was stated by DWs Muhammad Luqman and Muhammad Yasin during course of their examination that the appellant is innocent and he on the date of incident was with them at Shahbaz Goods Transport Company at Sadiqabad.

6. On evaluation of evidence so produced by the prosecution, learned trial Court has convicted and sentenced the appellant as is detailed above by way of impugned judgment.

7. It is contended by learned counsel for the appellant that the appellant being innocent has been involved in this case falsely by the complainant party in order to satisfy their matrimonial dispute with him; FIR has been lodged on the next date of incident; the charge is not disclosing the location of the house of the complainant; the provisional medical certificate with regard to the injuries sustained by Mst. Sania has not been produced before learned trial Court and report of forensic expert has been produced before learned trial Court by way of statement without providing chance to the appellant to rebut it and the evidence of prosecution being doubtful in its character has been believed by learned trial Court without justification. Surprisingly, in end of his arguments it was stated by learned counsel for the appellant that he would be satisfied if the imprisonment which is awarded to the appellant for offence punishable u/s 452 and 324 PPC is reduced from four and seven years to three years respectively.

8. Learned DPG for the State and learned counsel for the complainant readily accepted the proposal advanced by learned counsel for the appellant.

9. I have considered the above arguments and perused the record.

10. The parties are related interse; the appellant as per FIR was demanding the hand of Mst. Sania, it was refused by the complainant party, which allegedly annoyed the appellant and he with one unknown culprit by making trespass into house of complainant Muhammad Kashif caused knife injuries to his sister Mst. Sania with intention to commit her murder. Such fact the prosecution has been able to prove adequately by examining the complainant, PW Mst. Sania and PW Ghulam Sarwar. They have been supported in their version so for injuries to Mst. Sania is concerned by women medical officer Dr. Farzana Gul. On arrest from the appellant as per investigating officer ASI Gul Bahar has been secured knife which has allegedly been used by the appellant in commission of incident. In these circumstances learned trial Court was right to conclude that the prosecution has been able to prove its case against the appellant beyond shadow of doubt.

11. So far quantum of sentence for offence punishable u/s 452 and 324 PPC is concerned it requires modification for the reasons which are advanced by learned counsel for the appellant during course of arguments and are consented by learned DPG for the State and learned counsel for the complainant. Consequently for offence punishable u/s 452 and 324 PPC sentence of imprisonment is reduced to be three years individually, rest of the sentences including sentences on account of failure of appellant to pay fine, compensation Arsh and Daman would remain same, those would run concurrently with benefit of section 382-B Cr.P.C.

12. The instant Crl. Jail Appeal is disposed of in above terms.

Judge

Nasim/P.A