JUDGMENT SHEET

HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD.

Present:

1. Mr. Justice Amir Hani Muslim.

2. Mr. Justice Ahmed Ali Sheikh.

CR. APPEAL NO.D-100 OF 2007.

Muhammad Umer. . . . . . . . ..Appellant.

Versus.

The State. . . . . . . . . . .RESPONDENT.

Appellant: Through Mr. Salahuddin Panhwar, Advocate. Appellant produced in custody.

Respondent: The State through Mr. Syed Meeral Shah, Deputy Prosecutor General, Sindh at Hyderabad.

Date of hearing: 22.10.2009.

Date of judgment: 22.10.2009.

J U D G M E N T.

AMIR HANI MUSLIM,J.- The learned counsel for the appellant present states that he does not prefer this appeal on merits and his client would be satisfied if the quantum of sentence awarded to him is reduced to that of five years.

We have examined the impugned judgment, in which the learned judge while awarding punishment has overlooked the criterion quantum of punishment. It is admitted fact that the appellant is first offender and the recovery as it appears from the record is 04 kilograms of Charas. These two factors should have been considered by the learned judge while awarding punishment.

The appellant is the first offender and the lone bread earner of his family and in the given circumstances where he states that he does not press the appeal on merits we are of the view that in such circumstances the sentence awarded under the impugned judgment could be reduced.

The learned D.P.G. has no objection.

In view of the above, we accept the oral request of the learned counsel for the appellant and dismiss the appeal while reducing the punishment awarded under the impugned judgment from life and fine to that of five years. The appellant shall be released on serving sentence of five years. The appellant would be entitled to the benefit of section 382-B Cr.P.C. and the other remissions if permissible under the law.

Criminal Appeal is dismissed in the above terms.

J U D G E

Since the learned counsel does not press this appeal on merits