JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.S-60 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

10.02.2022

                        Mr. Safdar Ali Ghouri, Advocate for the appellant.

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

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IRSHAD ALI SHAH, J;- The appellant  was found to be in possession of an unlicensed T.T Pistol with magazine containing three live bullets of same bore by police party of P.S Muhammadpur Odho, led by SIP Ghulam Shabir Khuhro, which he allegedly used for committing murder of Mst.Zeenat Khatoon. On trial, he was convicted under section 23 (i) (a) of Sindh Arms Act, 2013, and sentenced to undergo R.I for 07 years with fine of rupees fifty thousand and in default whereof, to undergo S.I for one year, with benefit of Section 382-B Cr.PC, by learned 1^st Additional Sessions Judge, Jacobabad, vide judgment dated 05.09.2020, which is impugned by the appellant before this Court by preferring the instant criminal appeal.

2.        At the very outset, it is contended by learned counsel for the appellant that the appellant has already been acquitted in appeal in main murder case and under instructions, he would not press disposal of instant criminal appeal on merits, provided the conviction and sentence awarded to the appellant are reduced to one which he has already undergone.

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

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

5.        Admittedly, the appellant has already been acquitted in main murder case; there is no independent witness to the incident and he is said to be young man of 32 years, therefore, he is to be dealt with leniently. As per jail roll, he has already undergone 02 years 06 month and 05 days of the substantial sentence and besides this, has also earned remission of 01 year and 16 days, therefore, the conviction and sentence awarded to the appellant, are modified with one which he has already undergone, which includes imprisonment on account of his failure to make payment of fine.

6.        The instant Criminal Appeal is disposed of accordingly. 

   JUDGE