ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Acquittal Appeal No.D-39 of 2021.

_________________________________________________________________

DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

_________________________________________________________________

Before:

Mr. Justice Irshad Ali Shah,

                                                                                     Mr. Justice Agha Faisal,

For hearing of main case.

22.02.2022

                        Makhdoom Syed Tahir Abbas Shah Jatoi, Advocate for appellant.

                        =  *  = * = * = * = * =

                        The facts in brief necessary for disposal of instant criminal acquittal appeal are that the private respondents, allegedly with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, committed murder of Mujeeb Rehman, by causing him fire shot injuries and then went away by causing fire shot injuries to PWs Abdul Jabbar, Eid Muhammad and Mukhtiar, with intention to commit their murder too and during course of such incident, co-accused Farooq also lost his life, for that the present case was registered. On trial, the private respondents were acquitted u/s.265-K Cr.PC by learned 1^st Additional Sessions Judge/MCTC, Qamber, vide order dated 03.09.2021, which is impugned by the appellant before this Court by preferring the instant criminal acquittal appeal.

2.                     It is contended by learned counsel for the appellant that the learned trial Court has recorded acquittal of the private respondents without recording evidence of material witnesses; therefore, such acquittal is calling for interference by this Court by way of instant criminal acquittal appeal.

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

4.                     As per impugned order, the name and description of the private respondents are not appearing in FIR, those have been disclosed by the complainant party by way of further statements, which were recorded with delay of about one year. In these circumstances, the learned trial Court was right to record acquittal of the private respondents by way of impugned order, which is not found to be arbitrary or cursory to be interfered with by this Court by way of instant criminal acquittal appeal, it is dismissed in limine, which even otherwise is time barred by 27 days and no application for condonation of such delay is filed by the appellant. JUDGE

JUDGE