IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 242 of 2020

Appellant: Nemo for Sharif

The State: Through Ms. Rubina Qadir, Deputy Prosecutor General Sindh

Date of hearing: 24.10.2022

Date of judgment: 24.10.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant with rest of the culprits, robbed complainant Ghulam Rasool of Rs.5000/- and on resistance caused him fire shot injury on his butt, with intention to commit his murder and then went away by making aerial firing to create harassment, for that the present case was registered. On conclusion of trial, co-accused Nazeer Ahmed was acquitted while the appellant was convicted under Section 397 Cr.P.C and sentenced to undergo rigorous imprisonment for 07 years; he was further convicted under Section 324 PPC and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.50,000/- and in default whereof to undergo simple imprisonment for 06 months; he was further convicted under Section 337-H(ii) PPC and sentenced to undergo rigorous imprisonment for 03 months and to pay fine of Rs.5000/- and in default whereof to undergo simple imprisonment for 15 days; all the sentences were ordered to run concurrently with benefit of section 382(b) Cr.P.C by Additional Sessions Judge Sujawal vide judgment dated 10.01.2018, which is impugned by the appellant before this Court by way of instant jail Appeal.

2. As per jail roll furnished by the Jail Authorities, the appellant has already been released from jail on completion of his jail term and probably this appears to be a reason with him to have neglected the instant Criminal Jail Appeal; the same could not be kept pending on file of this Court indefinitely for want of his appearance, therefore, it was decided to be disposed of on merits by providing chance of hearing to learned D.P.G for the State, who has supported the impugned judgment.

3. It was stated by the complainant on the date of incident, when he was sitting at his shop there came the appellant with four unknown culprits, they robbed him of Rs.5000/- and on resistance caused him fire shot injury on his butt with intention to commit his murder and then fled away by making fires in air to create harassment. He reported the incident to police and was examined medically by Dr. Jethanand. His evidence takes support from the evidence of P.W Nazar Ali. On arrest from the appellant as per I.O/SIP Muhammad Ayub was secured the pistol which he allegedly used in commission of incident. Whatever is stated by the complainant and his witnesses takes support from ancillary evidence. In these circumstances, learned trial Court was right to conclude that the prosecution has been able prove its case against the appellant beyond shadow of doubt.

4. In view of the facts and reasons discussed above, it is concluded safely that no case to interfere with the impugned judgment is made out; consequently, the instant jail appeal is dismissed.

JUDGE