IN THE HIGH COURT OF SINDH, AT KARACHI

 

Criminal Appeal No. 472 of 2019

  

                                                       

 

Appellants:                   Nemo for appellants Khayal Muhammad and Muhammad Rauf

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The State:                      Through Mr. Faheem Hussain Panhwar, Deputy Prosecutor General Sindh

 

Date of hearing:           06.09.2022

 

Date of judgment:        06.09.2022

 

 

J U D G M E N T

 

IRSHAD ALI SHAH, J- It is alleged that the appellants and co-accused Zahid Muhammad Khan (who absconded away at trial) during course of robbery committed murder of Muhammad Safdar by causing him fire shot injuries and when were about to make their escape good, they were apprehended together with robbed cash and crime weapons, after due encounter by police party on duty led by ASI Fayyaz Akhtar, for that they were booked and reported upon. After due trial, they were found guilty only for offence punishable under Section 397 and 353 PPC and were sentenced to undergo rigorous imprisonment for 07 years and 02 years respectively with fine of Rs.10,000/- each and in default whereof to undergo simple imprisonment for 01 month, all the sentences were directed to run concurrently with benefit of section 382-B Cr.P.C, by learned 1st Additional Sessions Judge/ MCTC, Malir Karachi vide judgment dated 10.05.2019, which is impugned by the appellants before this Court by preferring the instant appeal.  

2.       The appellants as per jail roll(s) have already been released on completion of their jail term and probably this appears to be a reason with them or their counsel to have neglected the instant appeal, same could not be kept pending on file for want of their or their counsels’ appearance therefore, it was decided to be disposed of on merits after hearing learned D.P.G for the State.

3.       Learned D.PG for the state by supporting the impugned judgment has sought for dismissal of instant appeal.

4.       Heard arguments and perused the record.

5.       The appellants and the absconding accused were apprehended at the spot together with the robbed cash and crime weapons by police party led by ASI Fayyaz Akhtar after due encounter and such fact takes support from evidence of Complainant Muhammad Jahanghir. It was stated by ASI Fayyaz Akhtar that it was intimated to him by the complainant that during course of robbery he actually was fired at by absconding accused Zahid Muhammad Khan, such fire hit to Muhammad Safdar Kashmiri, who died of such fire on his way to hospital and probably for this reason, the learned trial Court has shifted the liability of murder of the deceased to absconding accused Zahid Muhammad Khan and found the appellants to be guilty for offence punishable under sections 397 and 353 PPC only.

6.       In view of above, it concluded safely that no case for making interference with impugned judgment is made out by this Court by way of instant appeal, it is dismissed accordingly.   

                JUDGE