ORDER SHEET

THE HIGH COURT OF SINDH CIRCUIT COURT LARKANO

Cr. Appeal No.S- 21 of 2021

Applicant(s):                                     Khadim Hussain son of Abdullah by caste Kambrani, through Miss Ghulam Khadija Bhatti, Advocate.

The State:                                          Through Mr. Shafi Muhammad Mahar, DPG.

Date of hearing:                     22.09.2022.

Date of order:                         22.09.2022.

O R D E R

Naimatullah Phulpoto-J. Appellant Khadim Hussain was tried by learned 5th Additional Sessions Judge, Hyderabad in Sessions Case No.1317 of 2020 for offence under section 24 Sindh Arms Act, 2013. After regular trial, appellant was found guilty and he was convicted under section 24 of Sindh Arms Act, 2013, and sentenced to seven years R.I and to pay fine of Rs.50,000/- in case of default of payment of fine, appellant was ordered to suffer RI for three months more. Appellant was extended benefit of section 382-B Cr.PC.

            Appellant preferred appeal against his conviction and sentence recorded by the trial court camp at Hyderabad.

            Miss Khadija Bhatti, learned advocate for the appellant submitted that appellant has been acquitted by this court in Cr. Appeal No.S-47 of 2020, for offence under section 302,504,114,34 PPC by way of compromise. It is further submitted that this is offshoot/connected with the murder case. Learned advocate for the appellant does not press the appeal on merits and submits that appellant is a poor person and supports his large family, lenient view in his sentence may be taken.

            Learned D.P.G submits that as per Jail Roll dated 20.09.2022 appellant has served sentence including remission 8 years 5 months and 11 days and recorded no objection for taking lenient view in the sentence.  

            From the perusal of the evidence available on record, I have no hesitation to hold that prosecution succeeded to prove its' case against the appellant however, learned advocate for the appellant did not press the appeal on merits, prayed for taking lenient view in the sentence on the ground that appellant has been acquitted in the main case by way of compromise. It is argued that appellant is a poor person and supports a large family, hence, in the above stated circumstances conviction recorded by the trial court vide Judgment dated 27.2.2021 is maintained. So far sentence is concerned as per Jail Roll dated 20.9.2022 appellant has served eight years five months and eleven days including remissions and appellant has been sentenced to seven years RI by the trial court and to pay fine of Rs.50,000/-  in case of default of the payment of fine, appellant has been ordered to suffer RI for three months. As appellant has already served eight years five months and eleven days with remission, the case for taking lenient view in the sentence is made out. It is therefore, ordered that sentence already undergone by the appellant would meet the ends of justice and fine is remitted. Resultantly, appeal is dismissed to the extent of conviction and sentence is reduced to already undergone. Appellant shall be released forthwith in the aforesaid crime, if, no more required in other custody case.

            Above appeal is disposed of in above terms.

                                                                                                J U D G E

S.Ashfaq