IN THE HIGH COURT OF SINDH, AT KARACHI
Criminal Appeal No. 472 of 2019
Appellants: Nemo
for appellants Khayal Muhammad and Muhammad Rauf
N
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