JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal No.S-16 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

23.12.2021

                        Mr. Asif Ali Abdul Razzak Soomro, Advocate for the appellants.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH, J;- It is alleged that on arrest from the appellant was recovered T.T Pistol of 30 bore with magazine five live bullets of same bore,  which he allegedly was having at the time of murder of Wajid Ali, for that he was booked and reported upon and after due trial was convicted and sentenced u/s.24 of Sindh Arms Act, 2013, to undergo rigorous imprisonment for 06 years with fine of Rs.50,000/- and in default whereof, to undergo simple imprisonment for two years, with benefit of Section 382-B Cr.PC, by learned 1^st Additional Sessions  Judge/MCTC, Qamber, vide judgment dated 25.01.2020, 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 through the weapon has been foisted upon the appellant yet under instructions, he is not pressing the disposal of instant criminal appeal on merits, provided, the conviction/sentence awarded to the appellant is reduced to one which he has already undergone.

3.         Learned Addl.P.G for the State promptly conceded the above said proposition.

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

5.         It is case of the prosecution that on arrest from the appellant was secured an unlicensed T.T pistol of 30 bore with magazine containing five live bullets of same bore, which he allegedly was having at time of murder of Wajid Ali, and to prove such allegation, the prosecution has examined Complainant ASI/I.O Attaullah, PW/Mashir Muhammad Laiq and on the basis of their evidence the appellant was convicted and sentenced, as is detailed above.

6.         Since, the appellant is not going to press the disposal of instant appeal on merits, therefore, he is to be dealt with leniently, for the reason that he is young man of 25 years of the age. The appellant as per jail roll has already undergone the substantial sentence of 03 years 09 months and 21 days and besides this, has earned remission of 01 year 11 months and 01 day, therefore, the imprisonment of 06 years with fine awarded to him is reduced to one, which he has already undergone, it includes the imprisonment, which he is likely to undergo on account of his failure to make payment of fine.

7.         The instant criminal appeal is disposed of accordingly. 

 JUDGE