IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S- 44   of   2021

Appellant Wali Mohammad        :  Through Mr. Faiz Mohammad Larik,

                                                   Advocate.   

Complaint Basharat Ali              :  Through Mr. Abid Hussain Qadri,

Bhutto, I/c FIR Cell SSGC            Advocate.

The State                                 :  Through Mr. Aitbar Ali Bullo, Deputy

                                                   Prosecutor General.

                                                   Mr. Oshaq Ali Sangi, Assistant Attorney                                              General.

Date of hearing      :  15.01.2024.

Date of Judgment  :  15.01.2024.

J U D G M E N T

MOHAMMAD SALEEM JESSAR, J.-    By means of instant appeal, appellant Wali Mohammad son of Yar Mohammad Buriro has assailed the judgment dated 28.06.2021 delivered by learned Sessions Judge, Jacobabad in  Sessions Case No.11/2020, re-State v. Wali Mohammad Buriro, arisen out of Crime No.158/2019, registered with Police Station A-Section, Thul, District Jacobabad, for offence under Sections 462-C, PPC.

2.                     The learned trial Court after full-dressed trial found the appellant guilty of alleged charges and punished him for offence under Section 462-C, PPC and sentenced to suffer R.I for five(5) years and to pay fine of Rs.100,000/-, in case of default thereof accused shall suffer S.I for six months more. The benefit of Section 382-B, Cr.P.C has also been extended to him.

3.                     The crux of prosecution case as unfolded in FIR in nut-shell is that on 26.11.2019 complainant Basharat Ali Bhutto, Incharge FIR Cell, SSGC, Larkana, along with his subordinate staff and technical team, during checking found appellant Wali Muhammad Buriro using sui gas illegally in his house situated in Village Suleman Dashti, Taluka Thul, by installing direct clip in the main distribution pipeline of sui gas and had also given sui gas to other houses, thereby committing theft of sui gas. After disconnection such illegal supply, the complainant along with the recovered stuff approached the police and lodged FIR to the above effect.

4.                     After registration of FIR, police investigated the matter and submitted the challan in the Court of law for trial and a formal charge for offence under sections 15, 17, 2(5) & 24 of Gas (Theft Control & Recovery) Act, 2016 was framed against him, which was subsequently altered vide order dated 15.10.2020, to which he pleaded ‘not guilty’ and claimed for trial.

5.                     To substantiate the case, the prosecution examined PW-1 complainant Basharat Ali at Ex-7 who produced photographs, FIR and letter dated.26.11.2019, PW-02 Syed Ahmed Ali shah at Ex-08, who produced memo of recovery of pipe and memo of place of vardat, and lastly PW-3 IO/ASI Muhammad Salleh at Ex-09, who produced attested carbon copies of entries, thereafter, Law Officer of SSGC through statement Ex-10 closed the side of prosecution evidence.

6.                     Learned Counsel for the appellant submits photocopy of Summary Sheet issued by DCM. Regional (B) Incharge SSGCL, Larkana together with photocopies of two cheque, showing deposit of an amount of Rs.61366/- by the appellant in favour of Sui Southern Gas Company Limited, which are taken on record.

7.                    Mr. Abid Hussain Qadri, learned Counsel for the complainant, assisted by learned DPG as well as learned Assistant Attorney General, have affirmed the contention to the effect that entire liability/penalty imposed against appellant has been deposited by him, therefore, they have raised their no objection for disposal of instant Appeal in the light of above facts.

8.                     Learned Counsel for the appellant submits that offences, with which he was charged, pertains to monetary transaction, which could be presumed to be a civil transaction, hence, being civil liability, the offence may be treated as compoundable and he may be acquitted of the charges by way of compromise.

9.                    Learned DPG as well as Mr. Abid Hussain Qadri, learned advocate for the complainant assisted by  learned Assistant Attorney General, have very candidly extended their no objection for acquittal of the appellant by way of compromise. Learned DPG further submits that if the offences, with which the appellant has been charged, cannot be termed as compoundable, even then the appellant deposited entire penalty amount imposed against him and offence may be termed to be compoundable. In support of his contention, he places his reliance upon the case of Ashique Solangi and another v. The State (PLD 2008 Karachi 420).

10.                   Accordingly, instant appeal, in view of above, is hereby disposed of. Consequently, the conviction and sentences awarded to the appellant vide impugned judgment dated.28.06.2021 penned down by the Court of Sessions Judge, Jacobabad, vide Sessions Case No.11 of 2020 re: The State v. Wali Mohammad Buriro, being outcome of Crime No.158 of 2019 under section 462-C, PPC r/w sections 15, 17, 2(5), and 24 Gas (Theft Control & Recovery Act), 2016 of Police Station A-Section, Thul, are hereby set aside. The appellant present in person on bail is acquitted of the charge.  His bail bonds stand cancelled and surety, discharged.

11.                   Appeal stands disposed of in the above terms.

Judge