IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 196 of 2020

Appellant: Hashim Khan through Mr. Muhammad Hanif Noonari advocate

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

Date of hearing: 11.10.2022

Date of judgment: 11.10.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is the case of prosecution that appellant committed murder of his wife Mst. Saira by causing her fire shot injuries, for that he was booked and reported upon. After due trial, he was convicted under Section 302(b) PPC and sentenced to undergo imprisonment for life as tazir and to pay compensation of Rs.100,000/- 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 by learned 1^st Additional Sessions Judge Malir Karachi vide judgment dated 15.12.2012, which is impugned by the appellant before this Court by preferring the instant jail appeal.

2. At the very outset, it is stated by learned counsel for the appellant that the appellant has completed his jail term is in custody only for want of payment of compensation and under instructions, he would not press the disposal of instant jail appeal on merits provided the simple imprisonment which the appellant is likely to undergo on account of his failure to make payment of compensation is reduced to considerable extent, which is not opposed by learned Addl. P.G for the State.

3. In view of above, it is ordered that in default in payment of compensation, the appellant would undergo simple imprisonment for one month with benefit of section 382(b) Cr.P.C.

4. Subject to above modification, the instant jail appeal is dismissed as not pressed.

JUDGE