ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Appeal No. S- 63 of 2023

Criminal Revision No.S-46 of 2023

 

Date of hearing

Order with signature of Judge

                  For hearing of main case.

12.03.2025.

Mr.Habibullah G. Ghouri, Advocate for the Appellant a/w appellants.

Mr. Nazir Ahmed Bhangwar, Dy. Prosecutor General for the State

JUDGMENT

Khalid Hussain Shahani-J:- The appellants Oshaque, Saleem, and Mohsin, were convicted by the learned 1st Additional Sessions Judge, Ratodero, in Sessions Case No.130/2021 (The State v. Oshaque and others), emanating out of Crime No.109/2020, offence u/s 324, 149, 109 PPC at Police Station Naudero. The trial court sentenced them to undergo R.I for 05 years under Sections 148 and 149 PPC, and an additional 05 years under Section 324 PPC, with the benefit of Section 382-B Cr.P.C.

02. The facts leading to the registration of the present case are that on November 18, 2020, complainant Mst. Yasmeen Begum lodged a report at Police Station Naudero, alleging that a longstanding enmity existed between her and the accused Oshaq Gopang. On the day of the incident, while the complainant, along with prosecution witnesses, was working in the fields at about 5:00 p.m, the accused persons, namely Nadeem, Allah Wassayo @ Gudo, Saleem, Mushtaque alias Mustoo, Manzoor Ahmed, Mohsin, Pervez alias Paroo, along with two unidentified individuals, all armed with deadly weapons, arrived at the scene. It is alleged that accused Nadeem fired at the complainant's nephew, Amjad Ali, using his Kalashnikov, causing firearm injuries that led to his collapse. The accused persons then fled the scene. The injured was initially taken to Police Station Naudero and subsequently referred for medical treatment, first at Naudero Hospital and later at CMCH Larkana. Based on these allegations, the present case was registered and proceeded accordingly.

03. Upon completion of the customary investigation, a report under Section 173 Cr.P.C was submitted before the competent Court, wherein the accused Oshaq Ali and Saleem Khan were shown in custody, while the remaining accused were declared absconding. However, accused Mushtaque Ahmed alias Mastoo and Pervez were initially placed in Column No.2 of the report. Subsequently, the learned Judicial Magistrate-I, Ratodero, exercising judicial discretion, ordered their inclusion as accused in the case.

04. A formal charge was framed against the accused Oshaq, Saleem Khan, Mushtaque Ahmed alias Mustoo, and Pervez alias Paroo, to which they pleaded not guilty. During the course of trial, accused Mohsin, after obtaining pre-arrest bail, joined the proceedings. Consequently, an amended charge was framed against all accused, to which they again pleaded not guilty and opted to contest the trial.

05. In order to establish its case, the prosecution presented and examined several witnesses, including the complainant Mst. Yasmeen Begum, the injured witness Amjad Ali, and other material witnesses namely PW Irshad Khatoon, Investigating Officer (I.O) Israr Ali Shaha, PW Shaman Ali, Head Constable Munshi Khan, Police Constable Imtiaz Ali, and medical expert PW Dr. Ghazanfar Hussain Khokhar. Upon evaluation of the evidence presented during the trial, the learned trial court rendered its judgment accordingly.

06. Before delving into the merits of the case, learned counsel for the appellants, Mr. Ghouri, directed the Court’s attention to the impugned judgment, highlighting that the co-accused, Mushtaque Ahmed @ Mustoo and Pervez alias Paroo, were acquitted despite facing similar allegations and evidence as the appellants. Furthermore, he argued that the role attributed to appellant Oshaq was limited to abetment. In light of the principle of consistency, he prayed for the extension of the same benefit to the present appellants and sought their acquittal.

07. It is observed that Criminal Revision No.S-46 of 2023 Re-(Mst. Yasmeen Begum Mangnejo v. Oshaq Gopang & others) was instituted by the complainant, seeking enhancement of the sentence awarded to the appellants. However, the complainant has appeared in person before the Court and has categorically stated that she does not wish to pursue the matter any further. Her statement, coupled with her conduct, implies that a settlement has been reached between the parties, thereby indicating a compromise in the matter.

08. The learned Deputy Prosecutor General, after considering the arguments advanced by Mr. Ghouri and thoroughly examining the record, acknowledges that the co-accused, who faced similar allegations, have been acquitted. In view of the principle of consistency as recognized by superior courts, he raises no objection to extending the same benefit to the present appellants.

09. The record substantiates the submissions made by the learned counsel for the appellants and the learned Deputy Prosecutor General. Consequently, the appellants are entitled to the same relief as that extended to co-accused Mushtaque Ahmed @ Mustoo and Pervez alias Paroo, who were acquitted by the learned trial court on the principle of consistency. Furthermore, the complainant, who is present in Court, has raised no objection to the acquittal of the appellants. In light of the foregoing, the appeal is allowed, the impugned judgment is set aside, and the appellants are acquitted of the charges. As they are on bail, their bail bonds stand canceled, and the sureties are discharged accordingly.

10. The Criminal Revision Application stands dismissed as infructuous in light of the findings and conclusions drawn in the instant judgment.

 

                                                                                                            J U D G E

S.Ashfaq/PS