JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.S-26 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

17.02.2022

                        Mr. Muhammad Aslam Jatoi, Advocate for the appellant.

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

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IRSHAD ALI SHAH, J;- The appellant for being in possession of an unlicensed DBBL Gun of 12 bore, which he allegedly used for committing murder of Mst.Seema, was convicted u/s. 25 of Sindh Arms Act, 2013, and sentenced to undergo R.I for 05 years with fine of rupees twenty five thousand and in default whereof, to undergo S.I for five months, with benefit of Section 382-B Cr.PC, by learned 4^th Additional Sessions Judge, Dadu, vide judgment dated 28.02.2020, 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 been acquitted in main murder case by way of compromise and 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 been acquitted in main murder case by way of compromise; therefore, he is to be dealt with leniently for the reasons that he is young man of 36 years of age and is said to be sole bread earner of his entire family. As per jail roll, he has already undergone 02 years, 06 months and 23 days of the substantial sentence and besides this, has also earned remission of 01 year, 04 months and 17 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