ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal No.S-17 of 2023.

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    DATE                                  ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.1062/2023 (345(2) Cr.PC)

02. For orders on M.A.No.1063/2023 (345(6) Cr.PC)

03. For orders on M.A.No.912/2023  (426 Cr.PC)

04. For hearing of main case.

02.03.2023

                        Mr. Imtiaz Ali Mugheri, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl. P.G for the State.

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ZULFIQAR ALI SANGI, J;- Through instant criminal appeal, appellant Ghulam Yaseen Sabzoi impugns judgment dated 09.02.2023 passed by learned 1^st Additional Sessions Judge/MCTC, Kandhkot, in Sessions Case No.97/2022 (Re. St. Vs. Ghulam Yaseen and others) emanating from FIR bearing Crime No.52/2022 registered with Police Station, A-Section Kandhkot, for offence punishable U/S.324, 337-D, 147, 148, 149 PPC, whereby he was convicted and sentenced as under;

For committing offence punishable under Section     337-D PPC, he shall undergo R.I for 10 years and shall pay Arsh amount to injured PW Adab Hussain which amount shall be equal to one-third of Diyat amount, with reference to current financial year. In case the convict fails to pay the above said Arsh amount to the injured PW Adab Hussain, the same amount shall be recovered from him as arrears of land revenue.

For committing offence punishable under Section 324 PPC, I sentence him to undergo R.I for 10 years and to pay fine in the sum of Rs.50,000/- (fifty thousand). In case he fails to pay the fine amount, he shall undergo S.I for two years more.

All the sentences shall run concurrently with benefit of Section 382-B Cr.PC.

                        The facts of case are already mentioned in memo of Criminal Appeal as well as in FIR, hence the same need not to be repeated.

                        On hearing of criminal appeal, the appellant by making the listed application(s) sought for his acquittal by way of compromise.

                        Complainant Manzoor Ali and PW/injured Adab Hussain and PW/eye-witness Habibullah by filing their affidavits together with listed application(s) have recorded no objections to acquittal of the appellant by stating therein that they have pardoned/forgiven him in the name of “Almighty Allah” and have resolved their difference/ill-will in between the parties.

                        Learned Addl.P.G for the State has recorded his no objection to acquittal of the appellant by way of compromise.

                        Heard learned counsel for the parties and perused the record.

                        Since, the compromise arrived at between the parties is appearing to be genuine which apparently has been affected by the parties on the intervention of their Nekmards, it is without coercion or compulsion and is not objected by any one. It is, therefore, accepted in the best interest of the peace and brotherhood to be prevailed between the parties. The parties are accorded permission to compound the offence in terms of Section 345 (2) Cr.PC. Consequently, the appellant is acquitted of the offence for which he was charged, tried and convicted by learned trial Court by way of acceptance of compromise in terms of Section 345(6) Cr.PC. Office is directed to issue release writ, directing the concerned jail authority to release the appellant forthwith in present case, if he is no more required in any other custody case.

                        The instant criminal appeal is disposed together with listed applications.

JUDGE