JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal No.D-20 of 2021.

Crl.Conf.Case No.D-22 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.915/2022 (U/A).

02. For orders on office objection “A”.

03. For hearing of M.A.No.219/2022 (345(5) Cr.PC).

04. For hearing of M.A.No.220/2022 (345(6) Cr.PC).

05. For hearing of M.A.No.4343/2021 (426 Cr.PC).

06. For hearing of main case.

08.03.2022

                        M/S. Ashique Ali Jatoi & Naseer Ahmed Waggan,

Advocate(s) for the appellant.

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

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IRSHAD ALI SHAH - J;- It is the case of prosecution that the appellant with      co-accused Abdul Khalique and Siraj Ahmed, during course of robbery, committed murder of Zahoor Ahmed, by causing him fire shot injuries, for that they were booked and reported upon accordingly by the police.

                        After due trial, co-accused Abdul Khalique and Siraj Ahmed were acquitted while the appellant was found guilty for the said offence by learned 1^st Additional Sessions Judge/MCTC, Qamber, who vide judgment dated 23.08.2021, convicted and sentenced him as under;

“i).      For offence u/s.302(b) PPC r/w 34 PPC he is sentenced to death as Tazir for commission of murder (qatl-e-Amd) of deceased Zahoor Hussain Tunio, therefore he is ordered to be hanged by his neck till he is dead subject to confirmation by Honourable High Court of Sindh, Circuit Court, Larkana and he is also ordered to pay 500,000/- (five Lac rupees only) as compensation amount for payment to the legal heirs of deceased in terms of Section 544-A Cr.PC. in case of non-payment of aforesaid compensation amount he shall suffer S.I for six months.

 ii).      For offence u/s.392 PPC r/w 34 PPC he is sentenced with R.I for three years and fine of Rs.50000/-. In case of non-payment of fine he shall undergo S.I for three months.”

                        The appellant by preferring the instant criminal appeal impugned the conviction and sentence awarded to him, as above, while learned trial Court also made a reference with this Court for confirmation of death sentence to the appellant.

                        On hearing of the instant criminal appeal, the appellant entered into compromise with legal heirs of the deceased and sought for his acquittal u/s.302(b) PPC by way of compromise by filing such applications.

                        The deceased on death legally was survived by the following legal heirs;

1. Mst. Shahab Khatoon aged about 23 years          (Widow)

2. Ghulam Shabir              aged about 65 years          (Father)

3. Mst. Haseena                aged about 60 years         (Mother)

                        As per inquiry report furnished by learned trial Court, the legal heirs of the deceased have pardoned the appellant without any coercion or compulsion by waiving their right of Qisas and Diyat against him and such compromise is appearing to be true and voluntarily.

                        Learned counsel for the appellant has sought for acquittal of the appellant u/s.302(b) PPC by way of compromise and reduction of sentence for offence punishable u/s.392 PPC by contending that he has been in custody for about one year, which is not opposed by learned Addl.P.G for the State.

                        Heard and perused the record.

                        The compromise arrived at between the parties is appearing to be genuine, true and voluntarily. It is not opposed by anyone, it is therefore, accepted to the extent of offence punishable u/s. 302(b) PPC in the best interest of peace and brotherhood to be prevailed between them. Consequently, the appellant is acquitted of the offence punishable u/s.302(b) PPC by way of compromise, in terms of Section 345(6) Cr.PC.

                        The imprisonment awarded to the appellant for offence punishable u/s.392 PPC is reduced to one, which he has already undergone with modification in payment of fine from Rs.50,000/- to  Rs.15000/- and in default whereof, he would undergo simple imprisonment for 15 days, with benefit of Section 382-B Cr.PC.

                        The death sentence is not “confirmed”.

                        The instant criminal appeal and reference for confirmation of death sentence are disposed of accordingly a/w listed applications.                                                                                                

                                                                                                        JUDGE 

JUDGE