JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.S-15 of 2018.

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DATE                                       ORDER  WITH  SIGNATURE  OF  HON’BLE  JUDGE

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For hearing of main case.

18.11.2021

 

                        Mr. Rafique Ahmed K.Abro, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

 

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IRSHAD ALI SHAH, J.- It is alleged that on arrest from the appellant was recovered an unlicensed Pistol of 30 bore with magazine containing two live bullets of same bore, by police party of P.S Lakhi Ghulam Shah, led by SIP Karim Bux, which he allegedly used for committing murder of Hakim Ali Shah and Suhail Shah, for that he was booked and reported upon.

2.        On due trial, the appellant was convicted and sentenced under section 23(i)(a) of Sindh Arms Act, 2013, to undergo rigorous imprisonment for 05 years with fine of Rs.25,000/- and in default whereof, to undergo simple imprisonment for three months, with benefit of Section 382-B Cr.PC, by learned 3rd Additional Sessions Judge, Shikarpur, vide judgment dated 17.01.2018, which has been impugned by the appellant before this Court by preferring the instant criminal jail appeal.

3.        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 before this Court on merits, if the conviction/sentence awarded to the appellant is reduced to one which he has already undergone.

4.        Learned Addl.P.G for the State has recorded no objection to said proposition.

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

6.        It is the case of prosecution that on arrest from the appellant was secured an unlicensed Pistol of 30 bore with magazine containing two live bullets of same bore, which he allegedly used for committing murder of Hakim Ali Shah and Suhail Shah and such allegation, the prosecution has been able to prove against him beyond shadow of doubt by examining complainant SIP Karim Bux and PW/Mashir HC Manzoor Hussain and I.O/ASI Abdul Qadir; they apparently were having no enmity with the appellant to have involved him in this case falsely by making foistation of such pistol upon him.

7.        However, the conviction/sentence awarded to the appellant needs to be modified with lenient action for the reasons that it has come on record that the appellant is young man of 35 years of the age and is appearing to be capable of reformation. By not pressing the disposal of his appeal on merits, he obviously has shown his genuine remorse. The appellant as per Jail Roll has already undergone 04 years 04 months and 18 days of substantial sentence. By considering these factors as special mitigating circumstances, the imprisonment of five years awarded to the appellant is reduced to one which he has already undergone. It would include the imprisonment which the appellant is likely to undergo on account of his failure to make payment of fine.

8.        The instant criminal jail appeal is disposed of accordingly. 

 

JUDGE