IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Criminal Appeal No. S- 63    of 2017

Appellant :   Abdul Qadir Chandio, through Mr. Habibullah G. Ghouri, Advocate.

Respondent:The State through Mr. Sharafuddin Kanher, APG for the State

Date of Hearing:    20.04.2018

Date of Judgment: 20.04.2018

JUDGMENT

Amjad Ali Sahito,J.-    Through this criminal appeal, appellant Abdul Qadir Chandio has assailed the legality and propriety of the judgment dated 01.07.2017 passed by learned Sessions Judge,  Dadu in Sessions Case No.729/2015 re. The State  v. Abdul Qadir for offence punishable under section 25 of Sindh Arms Act, 2013 under Crime No.187/2015 of Police Station K.N Shah whereby the learned trial Court after full dressed trial convicted and sentenced the appellant to undergo R.I for seven years and fine of Rs.10,000/-. In case of failure in payment of fine the appellant was directed to suffer SI for two months more. However, the benefit of Section 382-B, Cr.P.C was extended to him.

2.         The allegation levelled against the appellant Abdul Qadir is that on 07.10.2015 at 1620 hours he appeared at Police Station having pistol and disclosed that he had murdered his wife Mst. Noor Jahan alias Nooran by causing firearm injury from the same pistol in the house of his father-in-law namely, Ghulam Mustafa. The complainant ASI Khuda Bux Solangi secured the said weapon from the appellant. The pistol was checked which was in running condition having smell of sulfur. Its magazine was empty. The appellant did not produce any valid license therefore, on behalf of the State, the case was registered against him.

4.         At the very outset, learned counsel for the appellant submitted that though on merits he has good prima facie case for acquittal of the appellant, but learned trial court while passing the impugned judgment did not consider the evidence as well as defence as put-forth by the appellant. He, however, without arguing the appeal on merits prayed that he would not press this appeal against conviction if the sentence awarded to the appellant is reduced to the period which he has already undergone.  

5.         Learned Asstt. PG conceded to the request made by the learned counsel for the appellant.

6.         I have heard the learned counsel for the appellant as well as learned APG and gone through the record with their able assistance. As observed above, the appellant was awarded sentence for seven years with fine of Rs.10,000/-. Record reveals that a separate case bearing Crime No.186/2015 for offence under section 302, 504, 34, PPC regarding murder of Mst. Noor Jehan alias Nooran was lodged at Police Station K.N Shah which has been disposed of by way of compromise. Instant, is the off-shoot of above crime.  The appellant is the first offender and he has no criminal record at his credit. He is in young age. The appellant was prosecuted since 07.0.2015. He had undergone agony of  protracted trial for almost more than 2 ½ years, therefore, the ends of justice will be amply met if substantive sentence is reduced from one to already undergone. Considering the mitigating circumstances of the case and while maintaining the conviction awarded by the trial Court in the instant case, the sentence awarded to the appellant is altered to the imprisonment which he has already undergone which includes the period for which the appellant was to undergo in lieu of fine..

7.         With the above modification in the sentence, this appeal is dismissed accordingly, along with listed application.

8.         These are the detailed reasons of short order dated 20.4.2018, announced by me.

                                                                                                            Judge                        

Abid H. Qazi/**