ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Jail Appeal No:  D- 46 of 2003.

Date                          Order with signature of judge.

REGULAR HEARING.

6.4.2010.

                        Mr.  Ali Nawaz Ghanghro, advocate for the appellant.

                        Mr.  Ali Raza Pathan, State Counsel.

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                        Heard Mr.Ali Nawaz Ghanghro, learned counsel for the appellant and Mr.Ali Raza Pathan, State Counsel  and perused the paper book. 

                        At  the very outset,  Mr.Ghanghro contended that he does not press this appeal but requests  for conversion of death sentence into life imprisonment in view of the mitigating circumstances. 

                        Mr. Ali Raza Pathan, vehemently  opposed the contention of Mr.Ghanghro and supported the impugned judgment.

                        We have  gone through the judgment of learned trial Court.  It is admitted fact that the F.I.R was lodged after 11 months of the incident and only suspicion was shown by the complainant in the F.I.R.  After arrest of the appellant, he was produced before the learned Magistrate where upon his confessional statement was recorded.  We have perused the confessional statement of the appellant  recorded by the learned Magistrate during course of investigation.   Apart from discrepancies  in the confessional statement, we find that there was no intention of the appellant to commit murder   of boy.  It might  be possible that the appellant   has taken away the boy in order to demand money from the parents of the boy but he had no intention to commit murder  of the boy.       

                        Besides all this, we also find that there is no medical evidence to connect the appellant with the crime for intentional murder.  If one as to rely upon the  confessional statement recorded during course of investigation, then there is no intentional murder committed by the appellant.  We agree with the contention of learned counsel for the appellant that  mitigating circumstances are available in this case.

            Under these circumstances, while dismissing this Jail Appeal and maintaining the conviction,  we convert  the sentence of death  into life and the sentence of fine awarded by the trial Court shall remain intact           With   these  observations, this Cr.Jail Appeal is dismissed.   The  Reference  for confirmation, sent by the learned trial  also stands disposed of  accordingly.

JUDGE

                                                                        JUDGE