IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Jail Appeal No.S-69 of 2019

Appellant:                    Waheed son of Qurban Ali Mirbahar

Through Mr.Ahmed Bux Gorar, Advocate

The State:                      Through Mr. Ali Anwar Kandhro, Addl.P.G, Sindh

Date of hearing:           30.03.2023

Date of decision:           30.03.2023

JUDGMENT

IRSHAD ALI SHAH, J;-  It is alleged that the appellant with rest of the culprits in furtherance of their common intention, committed murder of Rashid Ali, by causing him fire shot injuries, for that he was booked and reported upon by police. On conclusion of trial, he was convicted under Section 302(b) PPC as Tazir and sentenced to undergo imprisonment for life and to pay compensation of Rs.500,000/- to the legal heirs of the deceased and in default whereof to undergo simple imprisonment for six months, by learned 1^st Additional Sessions Judge/MCTC, Qamber, vide judgment dated 15.07.2019, which he has impugned before this Court by preferring instant criminal jail appeal.

2.         At the very outset it is stated by learned counsel for the appellant that the appellant is at the verge of completion of his jail term, therefore, under instructions, he would not press the disposal of instant criminal jail appeal on merits, provided the sentence of six months simple imprisonment which the appellant is likely to undergo on account of his failure to make payment of compensation is reduced to simple imprisonment for one month with benefit of Section 382-B Cr.PC, which is not opposed by learned Addl.P.G for the State. Order accordingly.

3.         The instant criminal jail appeal subject to above modification is disposed of accordingly.

         JUDGE