JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.S-17 of 2020.

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DATE                                       ORDER  WITH  SIGNATURE  OF  HON’BLE  JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

For hearing of main case.

17.11.2021

                        Mr. Safdar Ali Bhutto, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH, J.- It is alleged that the appellant on arrest during course of investigation led the police party of P.S  Kashmore @ Kandhkot, to recovery of an unlicensed Pistol, which he allegedly used for committing murder of Abdul Rasheed, for that he was booked and reported upon separately. On due trial, he was convicted and sentenced under section 25 of Sindh Arms Act, 2013, to undergo rigorous imprisonment for 07 years with fine of Rs.30,000/- and in default whereof, to undergo simple imprisonment for two months, with benefit of Section 382-B Cr.PC, by learned 1^st Additional Sessions Judge/MCTC, Kandhkot, vide judgment dated 13.02.2020, which is impugned by the appellant before this Court by preferring the instant criminal appeal.

2.        At the very outset, it is stated by learned counsel for the appellant that, under instructions, he would not press disposal of instant criminal appeal before this Court on merits, if the conviction/sentence awarded to the appellant is reduced to one which he has already undergone.

3.        Learned A.P.G for the State has recorded no objection to said proposition.

4.        We have considered the above arguments and have perused record.

5.        It is the case of prosecution that the appellant on arrest led to recovery of an unlicensed Pistol, which he allegedly used for committing murder of Abdul Rasheed and such allegation, the prosecution has been able to prove against him beyond shadow of doubt by examining complainant ASI Muhammad Ayoob and PW/Mashir PC Abdul Latif, their evidence is supported by positive FSL report; they apparently were having no enmity with the appellant to have involved him in this case falsely by making foistation of such Pistol upon him.

6.        However, the conviction and sentence awarded to the appellant need to be modified with lenient action for the reasons that it has come on record that the appellant is young man of  38 years of the age, he has compounded the main murder case with legal heirs of the deceased and is appearing to be capable of reformation. By not pressing the disposal of his appeal on merits, he obviously has shown his genuine remorse. The appellant as per Jail Roll has undergone 02 years 05 months and 04 days of substantial sentence and besides this; he has earned remission of 01 year, 09 months and 20 days. In that way, he has already undergone more than four years of the imprisonment. By considering these factors as special mitigating circumstances, the imprisonment of seven years awarded to the appellant is reduced to one which he has already undergone with fine of Rs.10,000/- and in case of his failure to make payment of fine, he would undergo simple imprisonment for one month.

7.        The instant criminal appeal is disposed of accordingly. 

JUDGE

JUDGE