IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 106 of 2016

Appellant: Abdul Rehman through Ms. Abida Parveen Channar and Mr. Shamsher Khan advocates

The State: Through Mr. Khadim Hussain Khuharo Additional Prosecutor General Sindh

Date of hearing: 05.09.2022

Date of judgment: 05.09.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant with rest of the culprits in furtherance of their common intention caused hammer and iron rod blows to Muhammad Siddique, Abu Bakar, Muhammad Yaqoob, Muhammad and Muhammad Haneef with intention to commit their murders; eventually Abu Bakar died of such injuries, for that the present case was registered. On conclusion of the trial, co-accused Abdul Qadir and Muhammad Ismail were convicted under Section 337-A(i) PPC and sentenced to undergo the imprisonment for the period which they have already undergone while the appellant was convicted under Section 302(c) PPC and sentenced to undergo rigorous imprisonment for life and to pay compensation of Rs.10,00,000/- to the legal heirs of the said deceased with benefit of Section 382-B Cr.P.C, by learned Sessions Judge, Karachi South vide judgment dated 10.02.2016, which is impugned by the appellant before this Court by preferring the instant appeal.

2. None has come forward to advance arguments on behalf of the complainant. However at the very outset it is stated by learned counsel for the appellant that she would not press the disposal of instant appeal on merits provided the sentence of imprisonment awarded to the appellant is reduced to one which he has already undergone, which is not opposed by learned Addl. P.G for the State.

3. Heard arguments and perused the record.

4. Admittedly, the incident has taken place as a result of sudden flare up on account of inserting a nail in the wall to hang the clothes, there was no premeditation for the same and in that context learned trial Court was right to conclude that the offence alleged against the appellant would fall under Section 302(c) PPC.

6. However, the appellant is to be dealt with leniently for the reason that he too sustained injuries during the unfortunate scuffle, which as said above, was result of sudden flare up, therefore, rigorous imprisonment for life awarded to the appellant for offence punishable u/s 302(c) PPC is reduced to rigorous imprisonment for 14 (Fourteen) years with compensation of Rs.10,00,000/- payable to the legal heirs of the deceased and in default whereof to undergo simple imprisonment for 06 months, with benefit of section 382-B Cr.P.C.

7. In the case of Fayyaz Ahmed and others vs. Muhammad Khan and others (2020 SCMR 281), it has been held by the Honourable Apex Court that;

“5. ………………As regards Rozi Khan appellant his Criminal Appeal No. 594 of 2014 is partly allowed, his conviction for an offence under section 302(b) PPC is converted into one under section 302(c) PPC and he too is sentenced to rigorous imprisonment for fourteen years and to pay a sum of Rs.50,000/- to the heirs of Safdar Ali deceased by way of compensation under section 544-A Cr.P.C or in default of payment thereof to undergo simple imprisonment for six months…..”

8. The instant appeal is disposed of in above terms.

JUDGE