IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA.

Criminal Jail Appeal No.S–35 of 2019

Appellant:                            Muhammad Ramzan s/o Muhammad Mithal Soomro

                                                Through Mr. Muhammad Afzal Jagirani, Advocate.

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

Date of hearing:                  18-05-2023.

Date of decision:                 18-05-2023.

JUDGMENT

IRSHAD ALI SHAH, J;. It is alleged by the prosecution that the appellant with rest of culprits, in furtherance of their common intention committed murder of Manzoor Ahmed by causing him fire shot injuries in order to settle his dispute with him over payment of wages, for that the present case was registered. The appellant was charged for the said offence which he denied and the prosecution to prove the same, examined complainant Mouldad and his witnesses and then closed its side. The appellant in his statement recorded under Section 342 Cr.PC denied the prosecution’s allegation by pleading innocence; he did not examine any one in his defence or himself on oath to disprove the prosecution’s allegation. On conclusion of trial, he was convicted under Section 302(b) PPC and sentenced to undergo imprisonment for life and to pay compensation of Rs.100,000/- to the legal heirs of the deceased and in  default whereof, to undergo simple imprisonment for six months, with benefit of Section 382-B Cr.PC, by learned 1^st Additional Sessions Judge/ MCTC Shikarpur, vide judgment dated 17.04.2019, which he has impugned before this Court by preferring the instant Criminal Appeal from Jail.

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, he would not press the disposal of his appeal before this Court on merits, provided the sentence which he is likely to undergo on account of his failure to make payment of compensation to the legal heirs of the deceased is reduced to considerable extent, by considering his poor financial status, which is not opposed by learned Addl.P.G for the State.

3.         Heard arguments and perused the record.

4.         Admittedly, the appellant is at the verge of completion of his jail term; he is said to be financially poor person; therefore, the sentence which he is likely to undergo on account of his failure to make payment compensation to the legal heirs of the deceased is reduced to simple imprisonment for one month, with benefit of Section 382-B Cr.PC.

5.         The instant Criminal Jail Appeal subject to above modification is dismissed as not pressed.

              JUDGE