IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 348 of 2020

Appellant: Moula Bux through Ms. Abida Parveen Channer and Mr. Shamsher A. Khan advocates

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

Date of hearing: 28.09.2022

Date of judgment: 28.09.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that on arrest from the appellant was secured unlicensed pistol of 9mm bore with 29 live bullets of same bore by police party of PS Gadap led by ASI Habibullah, which he allegedly used for committing death of his mother and wife, for that he was booked and reported upon. After due trial the appellant was convicted for offence punishable under Section 23(1)(a) of Sindh Arms Act, 2013 and was sentenced to undergo simple imprisonment for 14 years with benefit of section 382-B Cr.P.C, by learned Ist Additional Sessions Judge/MCTC Malir Karachi vide judgment dated 21.11.2021 which is impugned by the appellant before this Court by preferring the instant appeal from jail.

2. At the very outset, it is stated by learned counsel for the appellant that she would not press the disposal of instant jail appeal on merits provided the sentence awarded to the appellant is reduced to some extent, which is not opposed by learned DPG for the State.

3. Heard arguments and perused the record.

4. It was stated by complainant ASI Habibullah that on 25.04.2019, he apprehended the appellant and secured from him unlicensed pistol of 9mm bore together with 29 live bullets of same bore under memo which he prepared at the spot in presence of PWs/mashirs Muhammad Arif and Rahim Bux and then lodged FIR of such incident on behalf of State with PS Gadap. The evidence of the complainant takes support from the evidence of P.W/mashir Muhammad Arif. They have stood by their version with regard to the recovery of unlicensed weapon and bullets from the appellant, despite lengthy cross-examination. Whatever is stated by them takes support from the ancillary evidence of I.O/SIP Shahzad Hussain. In these circumstances, learned trial Court was right to conclude that the prosecution has been able to prove its case against the appellant beyond shadow of doubt.

5. However, the appellant is to be dealt with leniently so far quantum of sentence is concerned, for the reason that he has been acquitted by this Court in main murder appeal by extending him benefit of doubt in earlier course of the day. Consequently, the simple imprisonment of 14 years awarded to the appellant for the said offence is reduced to imprisonment for 07 years with benefit of Section 382-B Cr.P.C.

6. Subject to modification in sentence, the instant jail appeal fails and it is dismissed accordingly.

JUDGE