ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal No.S-33 of 2021.

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    DATE                                  ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01.            For orders on M.A.No.7177/2021(345(2) Cr.PC)

02.            For orders on M.A.No.7178/2021 (345(6) Cr.PC)

03.            For orders on M.A.No.5548/2021 (561-A Cr.PC)

04.            For orders on M.A.No.2623/2021 (426 Cr.PC)

05.            For hearing of main case.

29.11.2021

 

                        Mr. Shakeel Ahmed Ansari, Advocate for the appellants.

Mr. Abdul Rehman Bhutto, Advocate for the complainant.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

 

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IRSHAD ALI SHAH, J.- It is alleged that the appellants with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, fired and injured PW Illahi Bux with intention to commit his murder and then went away by causing hatchet and lathi blows to PWs Qaimuddin, Wazir Ali, Muhammad Pathan and Mst.Perozan and then went away by insulting complainant Hazoor Bux and making aerial firing to create harassment.

                        After due trial, the appellants were found guilty for above said offence and were convicted/sentenced to various terms with fine/daman/arsh, by learned 1st Additional Sessions Judge, Larkana, vide judgment dated 02.06.2021, which is impugned by the appellants before this Court by preferring the instant criminal appeal.

                        On hearing of their appeal, the appellants by making the listed applications sought for their acquittal by way of compromise.

                        The complainant and his witnesses by filing their affidavits together with listed applications have recorded no objections to acquittal of appellants by stating therein that they have pardoned/forgiven them in the name of “Almighty Allah” by waiving the right of Qisas and Diyat against them.

                        Learned Addl.P.G for the State and learned counsel for the complainant have recorded no objection to acquittal of the appellants by way of compromise.

                        I have considered the above arguments and perused the record.

                        The compromise arrived at between the parties is appearing to be genuine, true and voluntarily. It is not objected by anyone; therefore, it is accepted in the best interest of peace and brotherhood to be prevailed between them.  Consequently, appellants are acquitted of the offence, for which they were tried, convicted and sentenced by learned trial Court. They shall be released forthwith, if not required to be detained in any other custody case.

                        The instant criminal appeal is disposed together with listed applications.

 

JUDGE