IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

 

Cr. Appeal No. S-33 of 2024

 

Applicant

 

Sadam Hussain s/o Allah Bux @ Meer Gul Magsi

 

 

Through Mr. Javed Ahmed Soomro, advocate

 

 

 

The State

 

Through Mr. Aitbar Ali Bullo, D.P.G for the State

 

 

 

Date of hearing

 

17-03-2025

Date of order

 

17-03-2025

 

O R D E R

OMAR SIAL, J.- Sadam Hussain was accused of Crime Number 45 of 2021, registered under sections 302, 114, 504, and 34 P.P.C. at the Rahmatpur police station in Larkana. After a full-dressed trial, Sadma was convicted for an offence under section 302(b) P.P.C. and sentenced to life imprisonment and compensation of Rs. 1 million. He filed this appeal against the conviction and sentence handed down to him. During the appeal hearing, the legal heirs of the deceased forgave Sadam Hussain and compounded the offence.

Crl Misc Application No. S-7299 of 2024

2.       This is an application under section 345(4) Cr.P.C. seeking appointment of Fahmeeda w/o the deceased Yousuf Magsi to compound the offence on behalf of her minor children Ghazala, Tayyaba, Khadija and Haleema. Learned D.P.G. has no objection. Application is allowed.

Crl Misc Application No. 7301 of 2024

3.       This is an application seeking permission of this court to compound the offence that has been filed under the incorrect section of law. It was filed under section 345(2) Cr.P.C., but as the compromise was affected during the appeal, it should have been filed under section 345(5) Cr.P.C. It is treated as one under section 345(5) Cr.P.C. There is no impediment in granting the application as an offence under section 302(b) is compoundable and no extraneous, exceptional or extraordinary reasons have been given by the State not to allow this application. Learned Deputy Prosecutor General also records his no objection. Application is allowed.

Crl Misc Application No. 7300 of 2024

4.       This application has been filed under section 345(6) Cr.P.C. seeking acquittal based on the compromise. In this regard, the learned trial court was requested to inquire into the compromise's genuineness. The learned 1st Additional Sessions Judge, Larkana reported on 09.01.2025 that the compromise was genuine, however, highlighted that four of the legal heirs were minors. The learned counsel for the appellant was directed to deposit the share of the minors in Court. On 13.03.2025, the accountant of this Court reported that the minor’s share had been deposited.

5.       Given the above, the appellant is acquitted under section 345(6) Cr.P.C. He may be released if not required in any other custody case. The minor children may seek disbursement of their share deposited in court once they have reached the age of majority.

6.       Appeal stands disposed of in the above terms.

 

                                                                                Judge

Abdul Salam/P.A