ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr. Appeal No.D-34 of 2010

Confirmation Case No.04 of 2010

DATE ORDER WITH SIGNATURE OF JUDGE

For regular hearing

30.03.2017.

Mr. Ghulamullah Chang, Advocate for appellant.

Syed Meeral Shah D.P.G. for the State.

-.-.-.

Appellant Wali Muhammad was tried by learned Additional Sessions Judge, Tando Adam in Sessions Case No.168 of 2002. By judgment dated 27.01.2010, appellant was convicted under Section 302(b) PPC Tazir and sentenced to death. Appellant/accused was ordered to pay compensation of Rs.2,00,000/- in terms of Section 544-A Cr.P.C to the legal heirs of deceased. Trial Court made reference to this Court for confirmation of death sentence. Both matters are fixed today.

Mr. Ghulamullah Chang, Advocate for appellant and Syed Meeral Shah D.P.G pointed out that appellant Wali Muhammad has expired in Central Prison Hyderabad with the history of Hepatitis-C on 25.02.2017. Superintendent, Central Prison, Hyderabad vide his letter dated 25.02.2017 has given such information to this Court. Learned D.P.G confirms the death of appellant Wali Muhammad in the Central Prison Hyderabad.

In the result, Cr. Appeal No.D-34 of 2010 filed on behalf of appellant Wali Muhammad on account of his death is abated. As regards the compensation ordered by the Trial Court vide judgment dated 27.01.2010, the same shall be recovered from legal heirs of deceased accused as arrears of land revenue in accordance with law. Since appeal is abated, reference for confirmation of death sentence moved by the Trial Court has become infructuous and the same is accordingly disposed of.

JUDGE

JUDGE

Ali Haider