JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.S-52 of 2020.

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DATE                                       ORDER  WITH  SIGNATURE  OF  HON’BLE  JUDGE

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For hearing of main case.

11.11.2021

                        Mr. Ahmed Bux Abro, Advocate for the appellant.

Mr. Abdul Ghaffar, A.P.G for the State.

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IRSHAD ALI SHAH, J.- It is alleged that on arrest from the appellant was secured an unlicensed revolver of 32 bore, which he allegedly used for committing murder of his wife Mst.Rasheeda, for that he was booked and reported upon and on due trial was convicted and sentenced under section 24 of Sindh Arms Act, 2013, to undergo rigorous imprisonment for 05 years with fine of Rs.20,000/- and in case of his default in payment of fine, to undergo simple imprisonment for one year, by learned 1^st Additional Sessions  Judge/MCTC, Qamber, vide judgment dated 20.08.2020, which is impugned by the appellant before this Court by preferring the instant criminal appeal.

2.        At the very outset, it is stated by learned counsel for the appellant that, under instructions, he would not press disposal of instant criminal appeal on merits, if the conviction and sentence awarded to the appellant are reduced to one which he has already undergone.

3.        Learned A.P.G for the State has recorded no objection to said proposition by stating that the appellant as per Jail Roll besides remission has already undergone substantial sentence of 01 years 05 months and 06 days.

4.        I have considered the above arguments and have perused the record.

5.        It is the case of the prosecution that on arrest from the appellant was secured an unlicensed revolver of 32 bore by SIP Muhammad Khan Wadho in presence of mashirs ASI Fayaz Ali and PC Abdul Jabbar; which he allegedly used in commission of murder of Mst.Rasheeda; such recovery the prosecution has been able to prove by examining the above said witnesses; they apparently were having no enmity with the appellant to have involved him in this case falsely by making foistation of such revolver upon him. In these circumstances, learned trial Court was right to conclude that the prosecution has been able to prove its case against the appellant beyond shadow of doubt.

6.        However, the conviction and sentence awarded to the appellant need to be modified with lenient action for the reason that it has come on record that the appellant is young man of 23 years of the age, he has compounded the main murder case with legal heirs of the deceased and is appearing to be capable of reformation. By not pressing the appeal on merits, he has obviously shown his genuine remorse. By considering these factors as special mitigating circumstances, the imprisonment of five years awarded to the appellant is modified with one which he has already undergone with fine of Rs.10,000/- and in case of his failure to make payment of fine, he would undergo simple imprisonment for one month.

7.        The instant criminal appeal is disposed of accordingly. 

JUDGE