IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Appeal No. S-04 of 2020

Applicant	Imtiaz s/o Haji Mureed Brohi
	Through Ms. Farzana (Bhatti) Makwal, adocate
The State	Through Mr. Aitbar Ali Bullo, D.P.G for the State
Date of hearing	20-03-2025
Date of order	20-03-2025

O R D E R

OMAR SIAL, J.- Imtiaz Brohi was nominated as an accused in Crime Number 203 of 2018, registered under sections 302, 376, 120-B, and 34 P.P.C. at the Mehar police station. After a full-dressed trial, he was convicted for offenses under section 302(b) and 376 P.P.C for life imprisonment and ten years imprisonment, respectively.

2.       During the hearing of this appeal,, the parties reached a compromise. The legal heirs of the deceased have compounded the offense of murder, and the learned 4th Additional Sessions Judge, Dadu, vide his report dated 05.03.2025, has confirmed that the compromise is genuine. The learned judge rightly pointed out that the appellant is also sentenced for an offense under section 376 P.P.C., which is a non-compoundable offense.

3.       I have heard the learned counsel for the appellant and the learned Deputy Prosecutor General. The learned D.P.G. has submitted that he has no objection to the compromise but has reiterated the observation made by the learned trial judge, i.e., the compoundability of an offense under section 376 P.P.C.

4.       The impugned judgment shows that the appellant was convicted to life and a compensation of Rs. 300,000/- for an offense under section 302(b) and further convicted for an offense under section 376 P.P.C for a term of ten years and a fine of Rs. 50,000 or spend a further period of six months in prison.

M.A. 457 of 2025

5.       This is an application under section 345(5) seeking permission from this court to compound the offense under section 302(b) P.P.C. An offense under section 302(b) is a compoundable offense, and there appears to be no impediment in allowing the compromise. The application is allowed, and permission to enter into a compromise is granted.

M.A. 458 of 2025

6.       This is an application under section 345(6) seeking the appellant's acquittal due to the compromise for the offence under section 302(b) P.P.C. In light of the learned trial court’s report and the no-objection of the learned Deputy Prosecutor General, to the extent of the offense under section 302(b), P.P.C. is allowed.

Offense under section 376 P.P.C.

7.       This offense cannot be compounded. We notice from the jail roll on record that the appellant has completed fifteen years of his punishment for this offense: six years, six months, and 25 days of the substantive sentence and eight years, eleven months, and two days of remissions. He has served out his sentence, including the one in lieu of the fine. Learned counsel submits that they do not press the appeal to the extent of the offense under section 376 P.P.C.

8.       Given the above:

9.       The appeal to the extent of the offence under section 376 P.P.C. is dismissed.

10.     The compounding of the section 302(b) P.P.C. offence is allowed and the appellant acquitted under section 345(6) P.P.C.

11.      The appellant shall be released if he has completed his sentence for the 376 P.P.C. offence.

Judge

Abdul Salam/P.A