Judgment sheet.

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr. Jail Appeal No.S-142 of 2005.

Date of hearing 1.04-2011.

Appellant        :                                   Nemo for the appellant.

Respondent    :                                   The State through Syed Meeral Shah,DPG.

JUDGMENT.

Muhammad Ali Mazhar,J-This Criminal Jail Appeal has been filed by the appellant Ramzan S/o Khabar through Superintendent, Central Prison, Hyderabad against the judgment dated 6.9.2005 passed by the IV-Additional Sessions Judge, Hyderabad in Sessions Case No.10 of 1996 (Crime No.172/1995 of P.S.Tando Muhammad Khan under section 302, PPC).

            In the impugned judgment, learned trial Court framed the following points for determination:-

1. Whether Mst. Razia expired on un-natural death?

2. Whether accused confessed before the learned Magistrate voluntarily and prosecution proved its case against accused?

3. What offence if any?

            Before awarding the conviction, the evidence of P.Ws. Hashim, Khuda Bux, Medical Officer Ali Bux, Muhammad Moosa I.O, mashir Abdul Rehman and Civil Judge Ubaidullah were examined. The appellant Ramzan also recorded his confessional statement before the Civil Judge and FCM Mr. Ubaidullah, however, he retracted from his confessional statement subsequently and in the statement recorded under section 342, Cr. P.C. he denied to have made any confessional statement. After evaluating the entire evidence, the appellant was convicted for life imprisonment.

            The Superintendent, Central Prison, Hyderabad submitted a report on 16.11.2009, in which it is categorically mentioned that the appellant Ramzan has already been released from the jail on 8.7.2009 on completion of his term in the light of judgment passed by the Honourable Supreme Court of Pakistan, Islamabad in Jail Petition No.56 of 2005. The judgment passed by the trial Court is based on evidence, hence I do not find any infirmity in the impugned judgment which may require any interference. The appeal is dismissed accordingly.

                                                                                                                        JUDGE.